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(영문) 서울중앙지방법원 2016.05.12 2015가단112991
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 1992, the Plaintiff entered into a lease contract with the Defendant for two-year lease of No. 1201 of the Gangnam-gu Seoul Metropolitan Government Permanent Rental Apartment No. 104, 1204 (hereinafter “instant rental housing”) which is a public rental housing constructed with support from the State, local government, or the National Housing Fund (hereinafter “instant rental housing”). The said contract was renewed every two years.

B. According to the above lease agreement, in cases where a lessee or a person who belongs to his/her household owns another house during the lease period (except in cases where the relevant house is disposed of within six months from the date of being notified of disqualified person as a result of computer search because he/she owned another house due to inheritance, judgment, marriage, or any other inevitable cause, etc.) the lessor may terminate the lease contract (Article 10(1)7 of the General Conditions for Contracts, hereinafter “instant termination clause”), and in cases where the lease contract is terminated or terminated due to any cause falling under any subparagraph of Article 10(1), the lessee shall restore the rental house to its original state and order the lessor to do so within one month (Article 10(1) of the Special Conditions for Contracts).

C. On September 12, 2013, the Plaintiff discovered that C, a member of the Defendant’s household, acquired 1/50 shares of the multi-household housing (38.25 square meters) of the building D (7 Dong) 101 (38.25 square meters) in Pyeongtaek-gun, Bupyeong-do. On December 18, 2014, the Plaintiff notified the termination of the lease based on the instant termination clause of the contract.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-2 evidence, the purport of the whole pleadings

2. In light of the purpose of the rental housing supply system to facilitate the smooth supply of rental housing to homeless persons and to ensure the stability of national housing life, the lessee or his/her household members purchased a house jointly with many people for investment purpose, not only for residential purpose but also for investment purpose, and the ownership shares are so small that they cannot be seen as the purpose of residence.

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