(영문) 서울중앙지방법원 2015.05.22 2015가단5918

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(영문) 서울중앙지방법원 2015.05.22 2015가단5918

건물명도

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As to the instant rental housing, the Plaintiff entered into an entrusted management contract with the Seoul Special Metropolitan City, the owner of the instant rental housing, including the provision, management, occupancy, eviction management, and occupancy contract.

B. On March 16, 200, the Plaintiff concluded the first lease contract with the Defendant for the instant rental housing and renewed the contract. On June 2, 2014, the Plaintiff renewed the lease contract from June 2, 2014 to May 31, 2016.

C. Article 10(1)7 of the lease contract entered into between the Plaintiff and the Defendant and a person who belongs to the Defendant or his/her household owns another house during the lease period, the Plaintiff is entitled to terminate the lease contract. The Defendant confirmed on June 2, 2014 that all the Defendant and his/her household members are homeless.

On March 10, 2014, the Defendant’s child B was registered as the Defendant’s household member on the resident registration, and became to own a house of 202 on March 10, 2014 in Gwanak-gu Seoul Special Metropolitan City.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiff asserts that he/she owns a house owned by the defendant Eul, who is a member of his/her household, and the plaintiff terminates the lease contract pursuant to Article 10 (1) 7 of the lease contract of this case. Thus, the defendant asserts that he/she has a duty to clarify the relevant rental house

In light of the purpose of the rental housing supply system to facilitate the smooth supply of rental housing to homelesss, and the purpose of the system that limits the lessee's eligibility for the publicly constructed rental house, etc., it remains formally a member of the defendant's household. However, according to the written evidence Nos. 1 through 3, B, which is already married to and does not have the same living relationship with his/her spouse, shall report marriage with D on January 16, 2014.

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