2018Gaz. 141661 Building Names (Delivery)

Daegu Metropolitan City

Daegu Jung-gu equitable 88 (Dong Dong-dong 1, Daegu Metropolitan City Office)

Representative Market Authority

Attorney Kim Sang-hwan, Counsel for the plaintiff-appellant

○ Kim

Daegu

Daegu Place of Service

June 13, 2019

July 4, 2019

1. The defendant delivered the building indicated in the attached list to the plaintiff. 2. The costs of lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

A. In December 15, 2016, the Plaintiff, the owner of the real estate listed in the attached list, which is a public construction rental house (hereinafter referred to as “the apartment of this case”), entered into a lease agreement (hereinafter referred to as “the lease agreement of this case”) with the Defendant on the following terms: (a) the lease agreement has been continuously renewed after the first lease to the Defendant; and (b) the lease agreement was finally renewed on December 15, 2016; (c) the monthly rent of KRW 66,700; and (d) the lease period from January 1, 2017 to December 31, 2018.

B. The transfer registration of ownership was completed on November 24, 2016, prior to the conclusion of the instant lease agreement, by ○○○, who is a dependent of the Defendant, and his/her household members (from August 7, 1992 to February 15, 2017) on the same day. The registration of transfer of ownership was completed on August 7, 2018 in the name of the following children, under the name of the Ministry of Land, Infrastructure and Transport on August 7, 2018. The main contents of the instant lease agreement are as follows.

4. General Terms and Conditions for Contracts, Article 10 (Cancellation and Termination of Lease Contracts), Section 10 (Lease and Termination of Lease Contracts) (1) (i) “B” (Lessee, the defendant) may cancel or terminate the contract, or refuse to renew the lease contract if the act falling under any of the following subparagraphs is committed:

(1) “B” shall be ordered to order the house by the due date when the term of the lease contract prescribed in Article 1 of the General Conditions for the Contract is terminated and the lease contract is terminated or terminated pursuant to Article 10(1) of the General Conditions for the Contract. Article 4 (Renewal of Lease Contract) (1) If the term of the lease contract prescribed in Article 1 of the General Conditions for the Contract expires, A may maintain the occupancy eligibility of a rental house and renew the lease contract on a two-year basis in accordance with the Rules on Housing Supply and the Regulations on Permanent Rental Housing in Daegu Metropolitan City.

D. In order to renew the lease agreement with the Defendant, the Plaintiff became aware of the fact that ○○○, a member of the household, obtained an apartment house before entering into the instant lease agreement with the Defendant, with his/her wife, and requested the Defendant to deliver the instant apartment by December 31, 2018, and expressed his/her intention to refuse the renewal of the agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 and 6, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. Determination on the cause of the claim

A lessee of a house, which is supplied preferentially to a homeless householder as in this case, continues to meet the requirements of a homeless householder during the term of lease, and if he fails to maintain the requirements of a homeless householder during the term of lease, he/she shall lose the requirements for the tenant (if he/she owns a house during the term of lease, he/she shall immediately lose the requirements of a homeless lender at the time of acquisition). Furthermore, if the lessee impliedly and renewed the lease contract, he/she constitutes "a case of lease of a house by fraudulent or other unlawful means" as provided in Article 10 (1) 1 of the General Conditions for Contracts, and even if the lessor has renewed the lease without knowing such fact, the lessor who became aware of it after the termination may be deemed a cause for termination of the contract (see, e.g., Supreme Court Decisions 203Da45649, Dec. 11, 2003; 2008Da3848, May 29, 2008).

As seen earlier, the instant lease agreement constitutes a renewal contract of the previous lease on the apartment of this case, and the fact that 00, which is the defendant's father and the family member, acquired the ownership of the apartment of Yongcheon-si on November 24, 2016 is as seen earlier. As such, the Defendant failed to maintain the requirements of non-resident during the lease term under the previous lease agreement, and the Defendant entered into the instant lease agreement, which is a renewal contract without notifying the plaintiff of such fact. Thus, the Plaintiff may either terminate the contract or refuse the renewal of the contract pursuant to Article 10 (1) 1 of the General Conditions for the Contracts. Since it is evident in the record that the written brief dated June 12, 2019 containing the plaintiff's expression of intent to terminate the contract and the declaration of refusal to renew the contract was delivered to the Defendant on June 13, 2019 (in addition, the Plaintiff already notified the Defendant before filing the lawsuit). The instant lease agreement was lawful as the Plaintiff's expression of intent to terminate the lease agreement of this case as well as the termination period of the Plaintiff.

B. Judgment on the defendant's argument

The defendant asserts that the acquisition of a house by a member of the household should not be a ground for the termination of the contract against the defendant or the rejection of the renewal of the contract, since the apartment house in Yongcheon-si has been completed under the name of 00 by stealingcheon-si by thefting the name of 00, the defendant's above assertion is difficult to admit the defendant's above assertion, and since there is no other evidence to acknowledge it, the above argument by the defendant is groundless

3. Conclusion

The plaintiff's claim of this case is justified and accepted.

Judges Gangseo-do;