beta
(영문) 서울서부지방법원 2015.05.08 2014나33776

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On May 14, 2010, the Plaintiff leased the instant apartment to the Defendant, and delivered the instant apartment to the Defendant, the building indicated in the attached list, which is a public rental house under the Rental Housing Act (hereinafter “instant apartment”).

B. On June 20, 201, the Defendant completed the registration of ownership transfer in the name of the Defendant on the 140.5 square meters of lightweight structure, and other (sponslls) structures on the ground B of Jeonnam-do, Jeonnam-do, and of single-story housing (hereinafter “instant housing”).

C. On September 18, 2012, the Plaintiff renewed the lease agreement with the Defendant and the instant apartment from October 1, 2012 to September 30, 2014 (hereinafter “instant lease agreement”). According to the instant lease agreement, where the Defendant owns another house during the term of the lease, the Plaintiff may cancel or terminate the lease, or refuse to renew the lease agreement.

(Article X(1)7). (d)

On November 26, 2013, the Plaintiff sent a request to the Defendant that “The Defendant was notified of whether a lessee of a rental house owns a house under Article 29 of the Rules on Housing Supply to the Seoul Special Metropolitan City, and that the Defendant owned the instant house.” As such, the Plaintiff sent a request to the Seoul Special Metropolitan City on December 12, 2013, for the submission of explanatory materials proving any inconsistency with the ownership of the instant house.”

E. On November 2013, the Defendant sold the instant house to D, and submitted explanatory materials that sold the instant house to D on December 6, 2013, after completing the registration of ownership transfer with D on December 6, 2013.

F. However, around December 31, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement as of January 1, 2014, regardless of whether the head of the household and the household members owned or owned another house during the lease period and the timing of transfer.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-4 (including virtual number), and Eul evidence No. 1.