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(영문) 수원지방법원 2016.11.23 2016나58826
임대차갱신청구권존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part is as stated in paragraph (1) of the judgment of the first instance court, except for the following cases: “The supplied area is added to 82.147 square meters, 3.25 square meters,” / [The Rental Housing Act (amended by Act No. 13499, Aug. 28, 2015) / [the former Rental Housing Act (amended by Act No. 13499, Aug. 28, 2015] / [Enforcement Decree of the Rental Housing Act] / [the former Enforcement Decree of the Rental Housing Act] / [the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 26514, Sept. 8, 2015)]. Therefore, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. Article 10(1)7 of the General Conditions for the Lease Contract of this case No. 1 provides that "if a lessee becomes to own another house during the term of the lease contract for public construction rental housing, a lessor may refuse to renew the lease contract." Meanwhile, Article 27(1) of the Rental Housing Act provides that "a rental business operator may refuse to renew the lease contract in cases where a lessee who resides in a rental housing leases a rental housing by deceit or other unlawful means and falls under any of the matters prescribed by Presidential Decree, such as lease, etc.," and Article 26(1)7 of the Enforcement Decree of the Rental Housing Act provides that "where a lessee becomes to own a house during the term of the lease for public construction rental housing" refers to cases where a lessee newly owns another house during the term of the lease contract for public construction rental housing."

In the case of this case, C is not a new owner of another apartment after it became the plaintiff's member of the household after transferring to the rental apartment of this case, but a plaintiff's member of the household after moving to the rental apartment of this case under the status of another apartment.

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