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(영문) 서울북부지방법원 2020.02.18 2019가단7904

건물명도

Text

1. The defendant shall deliver to the plaintiff the apartment as stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The following facts may be found in each entry in Gap evidence 1 to 3 (including additional numbers) by integrating the whole purport of the pleadings:

D On November 30, 2009, the lessee was changed to E, a spouse of the heir, and the lease was successively renewed on January 28, 2017, and E died on November 28, 2017.

B. Meanwhile, the Defendant, who is a child of E, completed the move-in report on June 26, 2017, after the death of E, having the instant apartment as his domicile and completed the move-in report on resident registration.

C. On July 3, 2018, the Plaintiff notified the addressee of the termination of the lease agreement on the grounds of long-term renewal on the part of the network E.

Therefore, the Defendant, as the heir of the deceased E, wanted to conclude the renewal contract with the Plaintiff based on the above lease, but the Plaintiff was terminated on March 31, 2018, and the Defendant did not constitute “he heir who had resided with the deceased” and thus, did not constitute “the heir who had resided with the deceased,” and filed the instant lawsuit.

As of the closing date of pleading of this case, the defendant resided in the apartment of this case and occupies it.

2. Judgment on the issue

(a) Where a lessee of a permanent rental housing (including adjudication of disappearance) is dead, married or divorced, the managing body of Article 9 (Change of Lessee's Name) of the Regulations on the Operation and Management of Public Rental Housing in Seoul Special Metropolitan City under related Acts and subordinate statutes may allow the lessee of the permanent rental housing to change the lessee's name in order to continue residing in the relevant housing:

1. The spouse, lineal blood relatives, siblings, and lineal blood relatives of the spouse who have resided together, and lineal blood relatives of the spouse;