201Gaz. 14438 Building Names

Korea Land and Housing Corporation

Sungnam-si Seoul Metropolitan Government 217

Gyeong-ho-dong 4-2 Korea Land and Housing Corporation, Changwon-si, Changwon-si

Headquarters

The Representative's Second Second Director

Changwon Law Firm, Counsel for the defendant-appellant

[Defendant-Appellant]

Ansan ○

Kim Jong-si

Attorney Hwang Jin-jin, Counsel for the defendant-appellant

September 12, 2012

October 17, 2012

1. The plaintiff's claim is dismissed.

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

The defendant in the old-gu branch shall deliver to the plaintiff the real estate listed in the attached Table (hereinafter referred to as "the apartment of this case").

1. Basic facts

A. The Korea National Housing Corporation and the Defendant’s Plaintiff comprehensively succeeded to all rights and obligations of the Korea National Housing Corporation as a government-invested institution established for the purpose of the construction, improvement, supply, lease, and management of housing.

On September 2, 2006, the Defendant leased the instant apartment, which is a public constructed rental house, from the Korea National Housing Corporation, to reside in the said apartment, and entered into a new rental contract with the Korea National Housing Corporation on December 2, 2008, by setting the rental deposit amount of KRW 13,454,00, monthly rent, KRW 34,610, and KRW 31, 208 from November 1, 2008 to October 31, 2010, the above rental contract was renewed in accordance with Article 1 of the contract terms of the instant standard rental contract, and entered into a new rental contract with the Korea National Housing Corporation on November 1, 2010 (hereinafter referred to as the "rental contract of this case") by obtaining the approval of the standard rental contract terms and conditions of Article 10(1)6 of the Housing Act as an inevitable reason for the cancellation of the rental contract of this case (hereinafter referred to as the "lease contract of this case").

B. Family relationship of the defendant

○ On August 22, 1989, the Defendant married with ○○ on November 22, 1989 and produced ○○ on November 22, 1989. On January 2, 1994, the Defendant married with ○○○ on May 6, 1995. The Defendant divorced with ○○○ on March 9, 2005.

○ From October 2006, the Defendant began to reside in the apartment of this case with both ○○ and ○○○○○.

C. Following the death of ○○○○, both of which are owned and disposed of, both of 00 housing units, both of which are owned and disposed of by ○○○○○○, a ○○○○○○, a ** a ground wooden machine and a branch roof house 91m2 (hereinafter “instant housing”) and completed registration of ownership on July 29, 2008.

On December 30, 2011, the two○○ sold the instant house to the old○○○ on December 30, 201, and the old○○ completed the registration of ownership transfer on the instant house on January 13, 2012.

D. The plaintiff's notification of cancellation of the lease agreement

On February 7, 2011, the Plaintiff notified the Defendant that he was disqualified for the lessee of the publicly constructed rental house on the ground of the ownership of the instant house, and notified the Defendant of the cancellation of the instant lease agreement based on the termination clause around March 2011.

E. Relevant provisions

Article 20 (Terms and Conditions, etc. for Lease of Constructed Rental Housing)

(1) Criteria for the terms and conditions of lease, such as qualifications, method of selection, deposit, and rent, of constructed rental housing, shall be prescribed by Presidential Decree.

○ The qualifications for and methods of selection of tenants for publicly constructed rental housing constructed after obtaining approval for a project plan under Article 16 of the Housing Act from among the constructed rental housing pursuant to Article 20 (1) of the former Enforcement Decree of the Rental Housing Act (Qualification for and method of selection of lessees of constructed rental housing) shall be as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the qualifications for and methods of selection

Article 12 (Qualifications, etc. for Lessees)

(1) The Regulations on Housing Supply shall apply to the qualifications and methods of selecting tenants of publicly constructed rental houses under Article 19 of the Decree.

(2) Where a rental business operator for a publicly constructed rental house under Article 19 of the Decree falls under any of the following cases, he/she shall in advance verify whether the house is owned pursuant to Article 21-2 (1) of the Rules on Housing Supply:

1. Where a lease contract is concluded: Provided, That this shall not apply where a lease contract is concluded with a lessee selected under Article 10 (6) of the Rules on Housing Supply in the case of the first occupancy of the relevant rental house;

(3) A rental business operator for a publicly constructed rental house shall verify whether the relevant rental house has been owned by a lessee pursuant to Article 21-2 (1) of the Rules on Housing Supply at least once a year.

Article 2 (Definitions) of the Rules on Housing Supply.

The definitions of terms used in these Rules shall be as follows:

7. The term "housing construction area" means the administrative districts and urban areas of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province or Si/Gun that construct housing: Provided, That at least two housing site development zones, etc

Where an administrative district extends over a Si/Do Special Self-Governing City or Si/Gun, all of the relevant administrative districts shall be deemed the same housing construction area.

9. The term "person without a house owner" means the head of a household, including the head of a household (including the spouse of the head of a household who is not registered in the same resident registration card as the head of a household and the head of a household who forms the same household as his spouse) who does not own a house;

Article 6 (Calculation of Period for Recognition of House Ownership and Criteria for Determination as to Whether to Own House)

(3) In determining whether a house is owned, a house in which a co-ownership share is owned shall be deemed owned, but in any of the following cases, a house shall be deemed not owned: Provided, That in cases of special supply under Article 19 (13) and preferential supply under Article 32 (5) 1, the provisions of subparagraph 6 shall not apply:

1. Where he disposes of the relevant shares within 3 months from the date he/she is notified of the disqualified person under Article 21-2 (3) by the project undertaker as he/she has acquired the co-ownership shares due to inheritance;

2. Where the owner of a house under construction in an area other than an urban area or an administrative district (excluding the Seoul Metropolitan area) of a side, which falls under any of the following items, resides in the relevant housing construction area (where a house is acquired by inheritance, it shall be deemed that the heir has resided therein), and moves to another housing construction

(a) Single houses for which 20 years or more have elapsed after approval for use;

(b) A detached house of not more than 85 square meters. The owner's house constructed in the first place of registration under the Act on the Registration, etc. of Family Relationship, which is transferred by inheritance, etc. from his lineal ascendant or spouse;

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3-1, 4-10, 3-1, 4-10, 5-1, 2, and 6-1, 5-1, 5-1, 2, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

The Defendant did not dispose of the instant apartment within six months after being notified by the Plaintiff on the ground that ○○○○, a member of the Defendant, owned the instant apartment, on the ground that the instant apartment was owned by the Plaintiff. Therefore, the instant lease was terminated in accordance with the termination clause of the instant lease, and the Defendant is obliged to deliver the instant apartment to the Plaintiff.

B. Determination

According to Article 15 of the standard contract of this case and Article 12 (2) 1 of the former Enforcement Rule of the Rental Housing Act, the Plaintiff, a lessor, shall enter into or renew the lease contract after examining whether the Defendant, a lessee, satisfies the requirements for the tenant. Once the contract is concluded or renewed by fraudulent or other unlawful means, the Plaintiff cannot terminate the contract or refuse to renew the contract unless the lessee, during the term of the contract concluded or renewed, unless the lease contract is deemed to have been concluded or renewed by fraudulent or other unjust means (see, e.g., Supreme Court Decision 2001Da41599, Jan. 11, 2002). In light of the above legal principles, the Plaintiff’s entire argument that the lease contract of this case was concluded or renewed by the Defendant’s members of the household, including health stand, evidence No. 1, No. 6 or No. 8, and it is difficult to view that the Defendant’s new lease contract of this case was terminated by 200 days after the conclusion or renewal of the lease contract of this case’s.

○ In addition, the fact that the instant housing was a detached house for which not less than 20 years have elapsed after completion inspection around 1955, and both ○○ was residing in the instant housing from November 4, 1992 to January 2, 1994 when he died from November 4, 1992. The fact that the two ○○ moved from the Gangseo-gu Busan Metropolitan City ○○dong to ○○dong on October 5, 1994 is not disputed between the parties, or that the entire purport of the pleadings in the statement in subparagraphs 4 through 8 of Article 6(3)2 of the Rules on Housing Supply.

A. The Plaintiff’s assertion is without merit, as it is based on item (a) as it constitutes a homeless household owner.

Meanwhile, in light of the purpose of the rental housing supply system to facilitate the smooth supply of permanent rental housing to homeless persons and to the purport of the system that limits the lessee’s qualification for public construction rental housing, etc., it is reasonable to view that even if the child owns another house during the lease period, it does not constitute a reason for termination of the contract as stipulated in the termination provision of this case even if the child owns it for the lessee’s residence. (See, e.g., Supreme Court Decisions 2011Da10013, Jun. 30, 201; 2006Da44975, Nov. 23, 2006; 2006Da4975, Nov. 23, 2006; i.e.,, both ○○○○ and ○○○ were residing only after the death of Yang○○○, and both ○○ and 100 households were formed from the apartment of this case to December 21, 209, and there were no possibility for the Plaintiff to use the housing in the following two houses.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Young-gu

1) Prior to the amendment by Act No. 11242, Jan. 26, 2012

2) Prior to the amendment by Presidential Decree No. 23752, Apr. 26, 2012

3) Prior to the amendment by the Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 457 on April 26, 2012