(영문) 서울남부지방법원 2017.04.04 2017가단1411

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(영문) 서울남부지방법원 2017.04.04 2017가단1411

건물명도(인도)

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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. On November 24, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the public construction rental housing by setting the deposit amount of KRW 7.10,00 won, monthly rent of KRW 122,300,00, and the term of lease from December 1, 2014 to November 30, 2016, and around that time, delivered the instant rental housing to the Defendant.

B. Article 10(1)7 of the instant lease agreement provides that where a lessee or a person who belongs to such household owns another house during the lease period of a public construction rental house or a person who has won a prize in another rental house and occupies it, the lessor may cancel or terminate the lease contract, or refuse to renew the lease contract: Provided, That this does not apply to cases where the lessee disposes of the relevant house within six months from the date of notification to the disqualified person as a result of electronic search due to the ownership of another house due to inheritance, judgment, marriage, etc

(hereinafter “instant termination clause”). C.

Husband, who was a member of the defendant's household, purchased No. 201 of the E-building No. 201 on June 5, 2015 and completed the registration of transfer of ownership in its name on October 29, 2015.

On October 6, 2016, the Plaintiff notified the Defendant of the termination of the lease agreement as of October 1, 2016 pursuant to Article 10 of the instant lease agreement, because the Defendant’s household member is proved to be a housing owner.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, purport of the whole pleadings

2. The plaintiff asserts that since C, a member of the defendant's household, owns another house during the lease period, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination based on the termination clause of this case, the defendant is obligated to deliver the rental house of this case to the plaintiff.

In this case, the contents of the instant lease agreement and the eligibility for occupants of public construction rental housing, etc.

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