건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant was selected as a person eligible for occupancy in national rental housing, the mandatory rental period of which is 30 years, and on November 29, 200, leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant on November 29, 200, and renewed the lease contract every two years thereafter.
On November 12, 2013, the Defendant concluded a lease contract with the Plaintiff and the Plaintiff to lease the instant real estate by setting the lease deposit amount of KRW 17,365,00, monthly rent of KRW 71,400, and the lease term of KRW 71,400 from December 1, 2013 to November 30, 2015. The following provisions are stipulated in the general terms and conditions of the said lease contract:
[General Conditions of Contract] Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee commits an act falling under any of the following subparagraphs, a lessor may refuse to renew the lease contract:
1. Where he/she has leased a rental house by fraud or other improper means;
7. Where he/she owns another house during the term of lease contract for the publicly constructed rental house constructed with approval for a project plan pursuant to Article 16 of the Housing Act; (i) (ii) other matters not specified in this contract shall be governed by the provisions of the Rental Housing Act and the Rules on Housing Supply, etc.;
B. The main contents of the statutes regarding rental housing prescribed by the above lease agreement are as follows:
[former Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 246, Nov. 4, 2015; hereinafter referred to as “instant Rules”)
Article 2 (Definitions)
9. The term "person with no house" means the householder and the household member of a household (including any of the following persons) in which no house is owned by all the householder and the household member:
A householder or a spouse of a household member who intends to apply for housing supply shall be the head of the relevant household or household member.