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(영문) 제주지방법원 2016.10.07 2015가단53369

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff entered into a contract under which the Defendant and the Plaintiff enter into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the deposit amount of KRW 5,475,00 per month, KRW 66,450 per month, KRW 66,450 per month, and the period from June 1, 2012 to May 31, 2014 (hereinafter “instant lease agreement”).

B. B is the Defendant’s legal spouse, and C is the Defendant’s children. At the time when the Plaintiff and the Defendant concluded the instant lease contract, C owned the housing Nos. 4 and 104 Dong 105 at Jeju, and B completed the move-in report at the above place on September 5, 2001 and was residing together with C.

C. On April 2014, the Plaintiff knew that C owns a house as above, and notified the Defendant of his/her explanation by May 14, 2014, and provided no response from the Defendant. On May 26, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement pursuant to Article 26 of the Enforcement Decree of the Rental Housing Act and Article 10 of the General Conditions of the Standard Rental Agreement, and the said notification reached the Defendant.

Article 10(1) of the instant lease agreement provides, “Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease agreement.” Article 10(1)1 of the instant lease agreement provides, “Where a lessee has leased a rental house by fraud or other improper means,” and Article 10(1)7 provides, “where a lessee has come to own another house during the term of the lease contract,” respectively:

(The grounds for termination are the same as the provisions of Article 26(1) of the Enforcement Decree of the Rental Housing Act, as follows.

(1) Article 27 of the Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015) (see, e.g., the Special Act on Private Rental Housing) (1).