건물명도
2015 Gaz. 11118 Building Names
Korea Land and Housing Corporation
A person shall be appointed.
October 26, 2016
November 30, 2016
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
The defendant shall specify the real estate stated in the attached list to the plaintiff.
1. Presumed facts
A. On May 26, 2006, the Plaintiff is called the real estate listed in the attached list with the Defendant (hereinafter referred to as the “instant apartment”).
The following terms of the lease contract were entered into.
○ Contract Period: 2 years from the date of occupancy;
1. Where a lessee has performed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract: 1. Where the lessee has transferred the right of lease of the rental house to another person or sub-lease it in violation of the provisions of Article 13 of the Rental Housing Act; 3. Where the occupancy of the rental house has been delayed for 3 months or longer; 4. Where the rent is delayed due to a cause attributable to the lessor; 5. Where the lessee has reconstructed the rental house and its incidental facilities without the consent of the lessor; 6. Where the lessee has altered or altered the rental house and its incidental facilities for purposes other than the original purpose; 7. Where the lessee has intentionally damaged or destroyed the rental house and its incidental facilities, or where the lessee has acquired the rental house in violation of the provisions of this Article 13 of the Rental Housing Act within 1.
B. On December 15, 2006, the defendant acquired the apartment of this case from around December 15, 2006 and possessed the apartment of this case until now.
At the same time, use and profit-making is made for the purpose of residence, and the above lease contract is terminated at the expiration of the period.
On January 27, 2011, the lease deposit for the instant apartment between the Plaintiff and the Defendant, respectively renewed.
the term of lease shall be 19, 741, 000 won, monthly rent shall be 155,850 won, and the term of lease shall be from February 1, 2011 to January 31, 2013.
The lease agreement of this case (hereinafter referred to as the "lease agreement of this case") was concluded.
C. On January 8, 2013, the Plaintiff was found to have owned a vehicle to the Defendant as a result of the computerized search.
Therefore, the defendant is qualified to occupy the apartment of this case, which is a national rental house.
The lease contract of this case is terminated on January 29, 2013 by submitting explanatory materials and on January 29, 2013.
notice of the termination of the lease agreement and the notice of the withdrawal from the country by content-certified mail.
D. On August 29, 2013, the Plaintiff: (a) on August 29, 2013, the lease system for the instant apartment between the Plaintiff and the Defendant.
The paper sent a document stating that the apartment of this case is to be delivered because the medicine has been terminated as the renewal thereof; and
At that time, the above documents reached the defendant.
E. On April 24, 2015, the Plaintiff, on April 24, 2015, leased the instant apartment between the Plaintiff and the Defendant.
notice of termination and the maximum house name certificate sent by content-certified mail to the effect that the drugs will be terminated;
(c)
【Unsatisfyed Facts, Gap evidence 1, Gap evidence 2-1, 2, 3, and Gap evidence 6
re-, the purport of the whole pleading
2. The plaintiff's assertion
The defendant's spouse B owns the automobile amounting to KRW 33, 645, and 455.
The apartment of this case, which is a national rental housing, is qualified to move into the apartment of this case (automobile 24, 640, 000).
Therefore, the defendant does not satisfy the provisions of Article 1 of the Special Conditions of the Contract of this case.
of this case, which is a national rental housing, shall not be entitled to request the renewal of the lease agreement of this case.
C. For this reason, the Plaintiff was on three occasions (on January 29, 2013, August 29, 2013, August 2015, 2015, April 24, 201).
as the notice of the cancellation or termination of the lease agreement was given to B, the lease agreement of this case was entered as appropriate.
It has been legally terminated or terminated by the plaintiff's notification of rejection of renewal. Accordingly, it has been terminated by the expiration.
The Defendant is obligated to deliver the instant apartment to the Plaintiff.
3. Determination
A. Whether the instant lease contract was terminated due to the Plaintiff’s notice of termination
1) Relevant legal principles
Gu Rental Housing Act (amended by Act No. 13474, Aug. 12, 2016; hereinafter the same shall apply)
According to the Rental Housing Act, a person who intends to enter into a lease contract for a rental house.
A standard lease contract prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be used, and a rental business operator and a lessee shall
In accordance with the standard rental contract, the lease contract to be entered into shall be complied with.
§ 10(1) of the Standard Lease Agreement enacted by the lessee shall be subject to any of the subparagraphs of the same paragraph.
When an act has been conducted, the lessor shall terminate the lease contract concerned or renew the lease contract.
the rental housing subject to the Rental Housing Act, and as regards the rental housing subject to the Rental Housing Act,
Rental in case of any ground falling under any of the subparagraphs of Article 10 (1) of the Standard Lease Agreement;
a person may terminate the lease contract or refuse to renew the lease contract, and not so.
Where a lessee wishes to renew a lease contract, barring special circumstances, the lessor may renew the lease contract.
It should be deemed that the renewal of the lease contract cannot be denied (Supreme Court Decision 2004 delivered on July 22, 2005).
C. see, e.g., Supreme Court Decision 45998).
2) Determination
In light of these legal principles, the instant lease agreement was concluded on January 29, 2013, and August 2013 by the Plaintiff.
We examine whether the termination notice was lawfully terminated on April 24, 2015 and April 2015.
The Plaintiff’s termination and termination of the instant lease agreement against the Defendant on each of the above dates.
The fact that a notice stating the contents of the request for the delivery of the apartment of this case has been given is as seen earlier.
However, as alleged by the plaintiff, the defendant's spouse owns a vehicle above the standard value.
Article 10 of the General Terms and Conditions of the Standard Lease Contract providing for the reasons for cancellation and termination
Paragraph 1 shall have houses among the qualifications for occupancy of national rental housing, such as whether a house is held, whether an asset is owned, and income standards.
the plaintiff's assertion that the plaintiff's assertion is based on the provision of the grounds for cancellation and termination (Article 10 (1) 7).
It is difficult to readily conclude that the Defendant breached its duty under the standard lease agreement (the Plaintiff)
§ 10(1)8 of the General Terms and Conditions of the Standard Lease Agreement, in preparatory documents on November 10, 2015
The defendant alleged to terminate the lease agreement with the defendant on the other hand, on the other hand, that the above recognition was made.
The above provision is set forth by the Defendant solely on the evidence and evidence Nos. 3, 9-1, 2, and 3
It is not sufficient to recognize that it constitutes a reason for termination, and there is no other evidence to recognize it.
Therefore, this part of the Plaintiff’s assertion is without merit (the Plaintiff issued a notice of termination to the Defendant on January 14, 2014).
However, there is no evidence to acknowledge this, the Plaintiff’s claim for the termination of the above date.
§ 30,00.
B. Whether the lease contract of this case is terminated due to the plaintiff's notice of rejection of renewal
1) Legal principles
The main sentence of Article 3 (1) of the former Rental Housing Act shall apply to the construction, supply and management of rental housing.
Unless otherwise prescribed by this Act, the Housing Act and the Housing Lease Protection Act shall apply.
However, the former Rental Housing Act or the Housing Act provides for any procedures for renewal of a lease agreement.
Therefore, the Housing Lease Protection Act is stipulated to renew the lease agreement of this case.
Article 6 (1) of the Housing Lease Protection Act is applied to a lessor for six months after the lease term expires.
or the terms and conditions of the contract to the lessee by no later than one month prior to the due date;
without making a notice to the effect that it will not be renewed without changing the period.
At the time of termination, the lease is considered to have been renewed under the same conditions as the former one.
However, a lease contract of May 26, 2006, which is a contract prior to the renewal of the instant lease contract.
The latter part of Article 1 (1) of the Special Conditions for Contract shall be the lessee for the renewal of the lease contract.
It is stipulated that notice of the intention to renew the lease should be given one month prior to the expiration of the contract.
Article 10 of the Housing Lease Protection Act is an agreement contrary to this Act and unfavorable to the lessee;
Since the Housing Lease Protection Act provides that the lessee has no capacity, it is more unfavorable than Article 6 (1) of the Housing Lease Protection Act.
The lessee cannot be obliged to notify the intent to renew the lease agreement. Accordingly, the lessee is not obliged to notify the lessee of the intent to renew the lease agreement.
Even if the intention to renew is not notified in accordance with the terms and conditions, the lease contract is based on such reason.
It cannot be implicitly renewed.
Ultimately, six months after the expiration of the lease period under Article 6 of the Housing Lease Protection Act to the defendant
Unless the notice of rejection of renewal is given during the period from one to one month, the instant lease agreement
on the same condition as the former lease is renewed.
2) Determination
Pursuant to the foregoing legal doctrine, the instant lease agreement is notified of the Plaintiff’s rejection of renewal.
1. We examine whether the expiration of the period of January 31, 2015 ends.
A) First, the Plaintiff’s refusal to renew the instant lease agreement includes the purport thereof.
on January 29, 2013, which can be seen as the notice of termination, from January 31, 2013, the date of termination of the instant lease agreement.
Since it was sent to the defendant at the time when one month has not elapsed, the above notification is made under the Housing Lease Protection Act.
There is no effect as a notification of rejection of renewal under Paragraph (1) of this Article, and eventually, the lease contract of this case is in the previous section.
It should be viewed as being renewed from February 1, 2013 to January 31, 2015 under the same conditions.
B) Following the renewed lease agreement on January 31, 2015: The Plaintiff’s rejection of renewal is notified.
On August 29, 2013, as to whether or not the Defendant terminated, the vehicle possession line from the Plaintiff on August 29, 2013
The fact that the contract is not renewed and the notice of termination is received is as seen earlier. However, each of the above notice is given.
Before July 31, 2014, the period during which a lessor’s refusal to renew a renewed lease is allowed;
Since it is apparent that such notification has reached high court's order, the notification also is made pursuant to Article 6 (1) of the Housing Lease Protection Act.
Any renewal refusal notification under paragraph (1) shall not have the same effect as before. Therefore, the renewed lease shall be the same as before.
Subject to the condition, the Plaintiff shall be deemed to have been renewed from February 1, 2015 to January 31, 2017 (the Plaintiff shall be deemed to have been renewed on January 1, 2014).
14. The defendant alleged that he/she notified the defendant of his/her refusal to renew, but there is no evidence to acknowledge it.
Ga. The plaintiff's assertion of refusal to renew the above date is not judged.
C. Sub-committee
Accordingly, the lease contract of this case is terminated upon the expiration of the period following the notice of termination or rejection of renewal.
The plaintiff's assertion under the premise that it was correct is without merit.
4. Conclusion
The plaintiff's claim is dismissed for lack of reason.
Judges Hwang Sung-sung
A person shall be appointed.