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1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant shall provide the plaintiff with real estate listed in the attached list.
Reasons
1. Basic facts
A. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) that is a public construction rental house constructed pursuant to the Rental Housing Act, succeeded to the right to lease and the deposit for lease of the instant real estate on November 25, 2009 by the heir M on June 2012 following the Plaintiff’s death.
B. On February 6, 2014, the Plaintiff newly concluded a lease agreement (hereinafter “instant lease agreement”) with M on the instant real estate, setting the lease term as from November 1, 2013 to October 31, 2015, with M.
C. The main contents of the instant lease agreement are as follows.
5. Where a lessee has committed any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.
D. On December 2014, the Plaintiff notified M of the termination of the instant lease agreement on the ground that M, a lessee, does not reside in the instant real estate but resides in another person as a result of the survey on the actual status of residents.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-9, 2-9, 3-8, 11-1, 2, and 3-1, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that, since M, the lessee of the instant real estate, terminated the lease contract on the ground that M, the lessee of the instant real estate, was sub-leased to the defendant in violation of the instant lease contract, the defendant possessing the instant real estate without the title
In regard to this, the defendant has been living together with M as a member of the same church since M has been enrolled in the workplace cancer from several years before M, and M only lives together with M.