1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On May 6, 2015, the Plaintiff entered into a lease renewal agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in B and the separate sheet (hereinafter “instant real estate”) by setting the lease deposit of KRW 2,267,00, monthly rent of KRW 45,160, and the lease term of KRW 16,60 from June 16, 2015 to June 30, 2017.

The real estate in this case is a permanent rental house under Article 2 subparagraph 1 (a) of the Special Act on Public Housing and Article 2 (1) 1 of the Enforcement Decree of the same Act.

B. B died on December 20, 2016, and the Defendant is the inheritor(s) of B.

C. The Defendant, as the inheritor of B, demanded the Plaintiff to succeed to the lessee status, but around October 13, 2017, the Plaintiff requested the Defendant to leave the instant real estate from November 10, 2017 on the ground that “it is impossible to succeed to the rights and obligations of the inheritor who has not been transferred to the real estate as a resident registration”.

[Ground of recognition] Facts without dispute, Gap's statements, 1 through 7, 14, 15, 16, and the purport of the whole pleadings

2. As seen in the above facts, the instant lease agreement was terminated on June 30, 2017, and thus, barring any special circumstance, the Defendant, a heir of B, is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

3. The defendant's assertion that the defendant did not make a move-in report on the real estate of this case due to various circumstances, but actually resided in the real estate of this case with B until B dies, and the defendant asserts that the plaintiff as the heir of this case may demand the succession of the status of the tenant.

Article 8 (11) of the Management Standards for Permanent Rental Housing and Management prepared pursuant to Article 13 (3) of the Enforcement Rule of the Special Act on Public Housing shall cancel or terminate the contract if the contractor is deceased and it is impossible to maintain the contract.

Provided, That he shall reside in the permanent rental house concerned.