1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The instant housing is permanent rental housing constructed with the financial support from the State or local governments and from the National Housing Fund for the stabilization of the housing of those eligible for the payment under the National Basic Living Security Act and the homeless people, and the Plaintiff is the owner of the instant housing.

B. On July 1, 1991, the Plaintiff leased the instant house to the Defendant’s mother-friendly B, and the said lease was renewed several times, and the lessee was changed to the Defendant on May 25, 2015, and on August 24, 2016 between the Plaintiff and the Defendant, a lease contract was concluded between the Plaintiff and the Defendant for the lease deposit amount of KRW 2,410,000, monthly rent of KRW 59,50, and the lease term of KRW 59,500, from September 1, 2016 to August 31, 2018.

(hereinafter “instant lease agreement”). C.

The defendant, who suffered from dementia and early illness, was living in the housing of this case from July 1, 1991, and was admitted to the C Care Center located in Gyeonggi-si on August 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, Gap evidence 3-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Defendant illegally subleted the instant housing that is public rental housing units D and E.

Inasmuch as the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the foregoing illegal transfer, the Defendant is obligated to deliver the instant house to the Plaintiff.

B. In light of all the evidence presented by the Plaintiff, it is insufficient to acknowledge that the Defendant sub-leases the instant house to D and E even if considering the whole evidence, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 to 9, the Defendant was suffering from dementia and mental illness and was admitted to the Medical Care Center as a result of the need for support, and the Defendant was discharged from the Medical Care Center at any time, shall return to the instant house.