건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to the facts that there is no dispute between the parties concerned and the evidence Nos. 2 and No. 2, it is recognized that the Plaintiff Corporation reserved the authority to terminate the lease contract in cases where the Defendant or a person who belongs to the household owns another house or occupies it in the rental house due to the winning of it on October 4, 2005, but the Plaintiff Corporation leased an apartment as stated in the purport of its claim (hereinafter referred to as “instant apartment”) to the Defendant on November 26, 2013 by increasing the existing lease deposit to the Defendant on November 26, 2013. < Amended by Presidential Decree No. 24279, Oct. 26, 2013>
Accordingly, the Plaintiff Company asserted that the Defendant’s child D, who dealt with the same household with the Defendant, acquired another house on July 5, 2010, and caused the cause for termination of the lease agreement, and that the lease contract was terminated on January 1, 2014, and sought against the Defendant for the transfer of the instant apartment.
Therefore, according to the facts that there is no dispute between the parties and the statement of Gap evidence Nos. 3, 4, 5, Eul evidence Nos. 2, 2, 3, and 4, D, his wife of the defendant, made a move-in report to the apartment of this case on April 12, 2006, and D, on July 5, 2010, completed the registration of transfer of ownership on the apartment of No. 105, 101, E on June 4, 2010, but on the other hand, according to the evidence employed above, D made the move-in report on the apartment of this case on July 6, 2010, which is the day following the completion of the registration of transfer of ownership, and after the acquisition of the apartment of this case, D constitutes a household separate from the defendant by acquiring the apartment of this case, and it cannot be acknowledged that there is no other evidence that D acquired the apartment of this case, as alleged otherwise by the plaintiff.
If so, the plaintiff corporation's claim is reasonable.