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

Purport of claim and appeal

The first instance court.

On September 14, 2015, the Plaintiff entered into a lease agreement with the Defendant with a term of 33,210,000, and two years, respectively (hereinafter “instant lease agreement”).

Article 10(1)7 of the instant lease agreement provides that the Plaintiff may terminate the lease agreement or refuse to renew the lease agreement, except in cases where the Plaintiff disposes of the relevant house within six months from the date of notification as disqualified due to the ownership of another house due to inheritance, judgment, marriage, or other unavoidable reasons.

On the other hand, Article 2 subparagraph 9 of the Rules on Housing Supply applicable to the instant lease agreement provides that "a non-family member" means the head of a household and a household member who does not own a house."

The Defendant’s father, who was registered as the Defendant’s member, was registered as the Defendant’s wife, was living in the instant rental house with the Defendant, and was living in the Yeonsu-gu Incheon Metropolitan City E after leaving around 2003 and living in the said house. On June 3, 2003, the registration of ownership transfer was completed in his name with respect to Gyeyang-gu Incheon apartment No. 403 (hereinafter “instant apartment”).

The apartment of this case was transferred on September 2, 2003, after three months from the apartment.

On December 9, 2016, the Plaintiff owned the instant apartment complex to the Defendant on the ground that B, who is a member of the household, owned the instant apartment during the said period, based on Article 10(1)7 of the instant lease agreement.