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(영문) 서울중앙지방법원 2018.04.06 2017나66680
임대차계약관계존재확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except where the court of first instance renders a dismissal of not more than paragraph (3) among the grounds of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of

3. Determination

A. Comprehensively taking into account the general conditions of the instant lease agreement and the relevant provisions of the Rules on Housing Supply, such as related legal principles, a lessee of a house to be supplied preferentially to a homeless householder shall continue to meet the requirements of a homeless householder during the term of lease, and if he/she owns a house during the term of lease, he/she shall immediately lose the requirements for occupancy at the time of acquisition (see, e.g., Supreme Court Decision 2008Da3848, May 29, 2008). Article 2 subparag. 4 of the Rules on Housing Supply provides that “A non-household member means a householder of a household and a household member who does not own a house in the same household as the other household member, and if a household member who forms the same household as the other household member owns a house during the term of lease, the lessor may terminate or refuse the lease agreement based on the provisions on termination of the lease agreement, and further, the lessor may, in principle, be deemed to have no longer need to supply a rental house to the same lessee in light of the purpose of the rental housing system.

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