logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.24 2016가단8808
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 November 19, 2012, the Defendant entered into an agreement with the Plaintiff on November 30, 2014 that the lease term of the building listed in the separate sheet (hereinafter “instant house”) that is a public construction rental house (hereinafter “instant lease”) shall be set at KRW 6,810,00, and the lease deposit shall be KRW 94,00 per month for rent (hereinafter “instant lease”), and the lessee shall own another house during the lease term (except in the case of disposing of the pertinent house within six months from the date of notification as disqualified as a result of computer search due to inheritance judgment or marriage, etc.) that the Plaintiff may terminate the lease contract (hereinafter “instant termination clause”).

B. However, on December 27, 2013, B, a parent of the Defendant, who constituted the same household as the Defendant, acquired the ownership of the D Building No. 1001 (hereinafter “C Housing”) on the land outside Gangseo-gu Seoul Metropolitan Government and one parcel of land (hereinafter “C Housing”).

As of December 8, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement based on the instant termination clause.

C. The statutes pertaining to the instant case are as follows.

Article 20 (Terms and Conditions, etc. of Lease of Constructed Rental Housing) (1) Criteria for the terms and conditions of lease, such as qualifications for lessees, methods of selection, and deposit money and rent, shall be prescribed by the Presidential Decree.

The qualifications for and methods of selection of lessees of constructed rental housing after obtaining approval for a project plan under Article 16 of the Housing Act from among constructed rental housing pursuant to Article 20 (1) of the Enforcement Decree of the Rental Housing Act shall be governed by Ordinance of the Ministry of Land, Infrastructure and Transport, and other qualifications for and methods of selection of lessees of constructed rental housing shall be determined by the relevant rental business operator.

Article 12 (Qualifications, etc. for Lessees) (1) of the Enforcement Rules of the Rental Housing Act shall be as prescribed in Article 19 of the Decree.

arrow