beta
(영문) 서울북부지방법원 2015.06.05 2014가단129779

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) On October 31, 2012, the Korea National Housing Corporation (Korea National Housing Corporation prior to the merger) is an apartment building indicated in the separate sheet owned by the Defendant (hereinafter “instant apartment building”).

3) The lease agreement (hereinafter “instant lease agreement”)

(2) Article 10 (1) 1 of the Rental Housing Act provides that "a case where a rental house is leased by fraudulent or other illegal means" shall be the grounds for termination of the lease contract between the Plaintiff and the Defendant, and Article 16 of the said lease contract [Special Conditions for Contracts] provides that "any matters not specified in this contract shall be governed by the Rental Housing Act and the Decree on Rental Housing, such as the Rules on Housing Supply." In light of the Rental Housing Act and the Rules on Housing Supply, the qualification for occupancy of a rental house shall maintain the status of a homeless person within the period of the lease contract terminated at the time of the conclusion of the lease contract as a homeless person.

3) However, on January 4, 1985, the Defendant concluded the instant lease agreement without notifying the Plaintiff even though he acquired a house located in Seongbuk-gu C in the name of the Defendant’s spouse B, and on the ground that the Plaintiff constitutes “a case where a rental house was leased in a false or other unlawful manner” as provided in Article 10(1)1 of the said lease agreement (see, e.g., general terms of a contract) and on October 7, 2014, notified the Defendant that the instant apartment contract was terminated. Accordingly, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

B. The Defendant asserted that the former spouse B was living together with another woman from around 1985 at the time of the instant lease agreement, and the Plaintiff is the Plaintiff.