건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. On October 30, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 1,0120,00,000, monthly rent of KRW 112,80,00, and the lease term of KRW 2 years with respect to the apartment units listed in the attached Table 1, which are owned by the Seoul Special Metropolitan City Urban Development Corporation and supplied to homeless-households (hereinafter “instant apartment units”). The main contents of the instant lease agreement are as follows.
3. Where Article 10 (Cancellation and Termination of Lease Contracts) (1) of the General Conditions in the Contract (Defendant) (1) commits any of the following acts, A may cancel or terminate the relevant lease contract, or refuse to renew the relevant lease contract:
7. Where he/she owns another house during the term of lease of the publicly constructed rental house constructed with approval for a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date of notification as disqualified as a result of computer search by reason of inheritance, judgment, marriage, or other unavoidable reasons;
(2) The Defendant’s motherD, as a member of the Defendant’s household, purchases from F on February 27, 2013 the buildings listed in the attached Table 2 (hereinafter “instant purchase building”) from F to KRW 1 million while living together with the Defendant in the instant apartment, and completed the registration of ownership transfer in its name on March 11, 2013.
(3) On December 13, 2013, the Plaintiff sent a content-certified mail demanding the transfer of the instant apartment as of December 15, 2013 on the ground that D, a member of the instant lease agreement, had been confirmed to possess a separate house during the period of the instant lease agreement to the Defendant, and around that time, the said content-certified mail was served on the Defendant.
[Ground of recognition] Unsatisfy, A(1) through (3)