[건물명도][공2005.6.1.(227),840]
[1] Where a lessor of a rental house subject to the Rental Housing Act terminates the lease contract or refuses to renew the contract
[2] The case reversing the judgment of the court below which held that a lessor's notification of refusal to renew a contract was lawful on the ground that there is no provision restricting a lessor's refusal to renew a contract under the Rental Housing Act and the Housing Lease Protection Act, which applies mutatis mutandis under this Act, on the ground that there is an illegal ground
[1] With respect to a rental house subject to the Rental Housing Act, a lessor may terminate the rental contract or refuse to renew the lease contract unless there is a special reason that falls under any of the subparagraphs of Article 10(1) of the Standard Lease Contract stipulated by the Ordinance of the Ministry of Construction and Transportation. In this case, a lessor may not refuse to renew the lease contract unless there is a special reason that the lessee wants to renew the lease contract.
[2] The case reversing the judgment of the court below which held that a lessor's notification of refusal to renew a contract was lawful on the ground that there is no provision restricting a lessor's refusal to renew a contract under the Rental Housing Act and the Housing Lease Protection Act, which applies mutatis mutandis under this Act, on the ground that there is an unlawful ground for
[1] Article 18 of the Rental Housing Act, Article 8 of the Enforcement Rule of the Rental Housing Act (attached Form 10), Article 6 of the Housing Lease Protection Act / [2] Article 18 of the Rental Housing Act, Article 8 of the Enforcement Rule of the Rental Housing Act (attached Form 10), Article 6 of the Housing Lease Protection Act
[1] Supreme Court Decision 91Da22902 delivered on October 22, 1991 (Gong1991, 2805) Supreme Court Decision 93Da27161 delivered on January 11, 1994 (Gong1994Sang, 689 delivered on June 25, 199) 9Da6708, 6715 delivered on June 25, 199 (Gong199Ha, 1497)
Plaintiff
Defendant (Korea Legal Aid Corporation, Attorneys Gyeong-Gyeong et al., Counsel for defendant-appellant)
Incheon District Court Decision 2004Na7668 delivered on December 17, 2004
The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.
In full view of the selected evidence, the court below acknowledged the following facts: on November 15, 200, the defendant leased the housing for which five years have elapsed under the Rental Housing Act (hereinafter referred to as the "building of this case") from November 1, 200 to October 31, 2001; on December 4, 2001, the lease contract of this case purchased from the non-party company for the purpose of transferring the ownership of the building of this case; on October 31, 2001, the court below rejected the plaintiff's request for renewal of the lease agreement of this case from October 31, 2004 to October 31, 201; on December 4, 2001, the court below rejected the plaintiff's request for renewal of the lease agreement of this case from the non-party company for the reason that the lease contract of this case was renewed by 60 years or less from the expiration date of the lease agreement of this case; on October 31, 2004.
However, pursuant to Article 18 (1) and (3) of the Rental Housing Act, a person who intends to enter into a lease contract for a rental house shall use a standard lease contract as prescribed by the Ordinance of the Ministry of Construction and Transportation, and a lessee and a lessee shall comply with a lease contract concluded by using the standard lease contract. Article 10 (1) of the Standard Lease Contract (Enforcement Rule of the same Act, No. 8, Form 10) provides that a lessee may terminate the lease contract or refuse to renew the lease contract if he/she commits an act falling under any of the subparagraphs of the same paragraph. Thus, with respect to a rental house subject to the Rental Housing Act, the lessor may not terminate the lease contract or refuse to renew the lease contract unless there is a reason falling under any of the subparagraphs of Article 10 (1) of the said Standard Lease Contract, and if the lessee wishes to renew the lease contract, the lessor may not refuse to renew the lease contract unless there is a special reason to the contrary (see Supreme Court Decision 9Da16601, Jan. 1, 1994).
Nevertheless, without examining the existence of legitimate grounds for refusal of renewal, the court below held that the plaintiff's notification of refusal to renew the contract was lawful solely on the ground that there is no provision restricting the refusal to renew the contract itself, which applies mutatis mutandis under the Rental Housing Act and the Housing Lease Protection Act. In such a case, the court below erred by misapprehending the legal principles on refusal to renew the contract under the Rental Housing Act, thereby failing to deliberate and decide on the remaining grounds for refusal to renew the contract, which affected the conclusion of the judgment. Accordingly, the defendant pointed out this issue and pointed out the ground for appeal.
Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition.
Justices Lee Yong-woo (Presiding Justice)