건물인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The instant real estate is public rental housing supplied by the Plaintiff, a local government.
B. Since the Defendant entered into a lease agreement with the Plaintiff on December 18, 2001 to lease the instant real estate (hereinafter “instant lease agreement”), the Defendant has occupied and used the instant real estate until now with renewal of the contract every time when the lease term expires.
Article 10(1)7 of the instant lease agreement provides that “If a lessee becomes to own another house during the lease period of public rental housing, the lessor may cancel or terminate the contract.”
C. On September 18, 2013, the Defendant’s ASEAN completed the registration of transfer of ownership with respect to Goyang-gu CD under his own name. On March 17, 2017, the Defendant made a move-in report to form the same household as the Defendant on the instant real estate.
[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff asserts that the defendant Eul owned another house during the lease period of the real estate of this case and the ground for termination under Article 10 (1) 7 of the lease contract of this case occurred, and since the complaint of this case containing the plaintiff's expression of termination of the lease contract of this case was served on the defendant, the defendant is obligated to deliver the real estate of this case to the plaintiff. 2) The defendant asserts that Eul made a move-in report as the real estate of this case due to B's entrance into school due to B's divorce as the defendant raises his children, and Eul actually resides in other places and is not the defendant's actual member, and therefore, the plaintiff does not have any ground for termination of the lease of this case.
B. As to the instant real estate, the Special Act on Public Housing, which applies to the judgment 1.