(영문) 서울남부지방법원 2017.08.22 2017가단3929

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(영문) 서울남부지방법원 2017.08.22 2017가단3929

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 24, 1996, the Plaintiff leased a house stated in the purport of the claim to the Defendant (hereinafter “instant house”) with a term of two years fixed, and the said lease was renewed every two years thereafter, and finally renewed on December 30, 2014.

B. Article 10(1)7 of the above lease agreement provides that where a person who belongs to the defendant or the defendant's household owns another house during the lease period, the above lease agreement may be cancelled or terminated except as otherwise provided in the proviso.

(hereinafter “instant termination clause”). C.

However, on May 26, 2015, the defendant's spouse C acquired the ownership of E-Ba 301 in Dongducheon-si D.

Accordingly, on March 21, 2016, the Plaintiff notified the Defendant of the termination of the said lease based on the instant termination clause.

[Ground of recognition] Facts without dispute, Gap 2 and 4 evidence, purport of the whole pleadings

2. According to the above facts of recognition, since the defendant's spouse owned another house during the lease period, the plaintiff can terminate the above lease contract on the ground of the termination clause of this case.

However, in light of the purpose of the supply system of rental housing to facilitate the smooth supply of permanent rental housing to homeless persons, and the purpose of the system that limits the eligibility of lessee for the publicly constructed rental housing, etc., if there are special circumstances such as special circumstances where the spouse only remains as a spouse under the formal law because the spouse did not deal with the same household with the householder before and after the lease period, and there is no possibility to achieve the future, it shall be deemed that even if the spouse owns another house during the lease period, it does not constitute grounds for termination of the contract

Supreme Court Decision 201No. 30 Decided June 30, 2011

유사 판례

-서울남부지방법원 2018.05.01 2017가단31948

-대법원 2011. 6. 30. 선고 2011다10013 판결

-서울서부지방법원 2016.08.24 2016가단1314

-서울서부지방법원 2018.06.07 2017나41174

-서울동부지방법원 2017.03.24 2016나5018