(영문) 서울중앙지방법원 2015.04.08 2014나37322

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2015.04.08 2014나37322

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 24, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the permanent rental housing, setting the lease deposit amount of KRW 7,690,00 for the instant apartment, KRW 120,400 for the rent, KRW 120,400 for the rent, and the lease period by December 31, 2014 for the rent.

B. Article 10(1)7 of the instant lease agreement provides that the Plaintiff may terminate the instant lease agreement, except in the case where the Defendant owns another house during the instant lease period due to inheritance, judgment, marriage, or other unavoidable reasons, and disposes of the relevant house within six months from the date of being notified as disqualified as a result of computer search. Article 29(4) of the Rules on Housing Supply also provides that a lessee or a person who belongs to his/her household owns another house shall also be ordered to order the relevant rental house in a case where the lessee or a person who belongs to his/her household owns another house.

C. However, on May 31, 2013, the Defendant completed the registration of ownership transfer in its own name with respect to B Apartment 17 Dong 616 (hereinafter “instant B apartment”), and the Plaintiff discovered such fact and notified the Defendant of the termination of the instant lease agreement as of October 17, 2013 pursuant to Article 29(4) of the Rules on Housing Supply and Article 10(1)7 of the instant lease agreement, and reached the Defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-4

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, unless there are special circumstances, the defendant owned another house during the lease period of this case, and the plaintiff terminated the lease contract of this case on this ground. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff.

B. The defendant's assertion

참조조문

-주택공급에 관한 규칙 제29조 제4항

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