(영문) 서울중앙지방법원 2015.10.16 2015가단113031

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(영문) 서울중앙지방법원 2015.10.16 2015가단113031

건물명도

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1. The defendant shall order the plaintiff to execute the apartment as stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Gangnam-gu Seoul Metropolitan Government apartment C, 108 Dong 101 (attached Form 101) located in Gangnam-gu is public rental housing constructed with the financial support from the State or local government and from the National Housing Fund for the purpose of leasing to homeless households, and the Defendant leased it from the Plaintiff since July 31, 192.

B. On July 22, 2014, the Plaintiff and the Defendant subsequently renewed the rental deposit amounting to KRW 13,640,000, rent amounting to KRW 163,400, and the lease contract amounting to two years (hereinafter “instant lease contract”). Of the general terms and conditions of the instant lease contract, the details of the rescission and termination of the lease contract are as follows.

Article 10 (Cancellation and Termination of Lease Contract) (1) Where the defendant commits any of the following acts, the plaintiff may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. Where a lessee or a person who belongs to such household becomes to own another house during the lease period of public construction rental housing constructed with the approval of a project plan under Article 16 of the Housing Construction Promotion Act (Article 33 of the former Housing Construction Promotion Act), Article 10 (Cancellation or Termination of Contract) of the Special Conditions of the instant lease (as soon as possible) (1) of the Special Conditions of the instant lease is cancelled or terminated due to the reasons referred to in the subparagraphs of Article 10 (1) of the General Conditions of Contracts, the defendant shall restore the rental housing to its original

C. According to Article 4(2) of the Rules on Housing Supply, the subject of supply of public rental housing shall be the head of a homeless household at the time of occupancy, and the head of a household who does not own all of the household members, including the head of a household, refers to the head of a household who does not own a house, and according to Article 29(4) of the said Rules.

참조조문

-주택건설촉진법 제33조

-주택공급에 관한 규칙 제4조 제2항

-주택법 제16조

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