건물인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 21, 2015, the Plaintiff entered into a lease agreement with the Defendant on May 31, 2017 (hereinafter “instant apartment”) with regard to the real estate indicated in the attached list, which constitutes permanent rental housing (hereinafter “instant apartment”). As to the lease period, the Plaintiff entered into a renewal agreement on a two-year basis only when there is no ground falling under Article 10 of the General Conditions of the Agreement.
B. D had a disability of class 1 of brain patrial defect and died on May 22, 2016 while residing in the apartment of this case.
(D) On September 4, 2017, the Plaintiff sent to the Deceased a notice that “The term of lease stipulated in the instant contract has expired, but the term of lease has not yet been fulfilled,” and that the instant contract has been terminated as of September 1, 2017, the Plaintiff left to the management office until November 30, 2017. However, if there is an intention to live in the office of residence, the Plaintiff sent to the management office a notice that the contract of this case has been terminated by November 30, 2017. If there is a reason such as the death of the original contractor, the Plaintiff must enter into a contract before the renewal of the contract, and then send a notice that “The time of renewal” is the same as the head of the household and the contractor of the apartment under the resident registration is the same.
C. From May 6, 199, the Defendant, as the mother of the Deceased, was the only heir of the Deceased, made a move-in report or resident registration on the instant apartment from May 6, 199 to the Deceased, and made a move-in report on October 27, 2014, which is the Defendant’s domicile of the Defendant’s father, to “Seoul Songpa-gu F, 3rd floor,” and made a move-in report on the instant apartment again on May 30, 2016 after the Deceased’s death.
The defendant, as the inheritor of the deceased, has entered into a re-contract based on the instant contract.