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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Korea National Housing Corporation (hereinafter “Defendant”) concluded a lease contract with C on January 14, 2008, setting the lease deposit amount of KRW 1,710,00, monthly rent of KRW 88,300, and the lease period of KRW 88,300 from March 4, 2008 to March 31, 201 (hereinafter “instant lease contract”). Around that time, the Korea National Housing Corporation (hereinafter “Defendant”) received KRW 1,710,000 from C for the above lease deposit and received KRW 1,710,000 from C for the said lease deposit.
Of the instant lease agreement
5. General conditions under Article 8 (Cancellation and Termination of Lease Contract) (1) In case where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract. 2. In case where the lessee has transferred the right of lease of the rental house to another person or sub-lease the rental house in violation of the provisions of Article 13 of the Rental Housing Act (including any act accompanied by sale, donation or other alteration of rights, but excluding inheritance) or the lessee of the rental house under Article 13 of the former Rental Housing Act (hereinafter “former Rental Housing Act”) may not transfer the right of lease to another person (including any act accompanied by sale, donation or other alteration of rights, but excluding inheritance):
The same shall not apply to cases prescribed by the Presidential Decree and with the consent of the rental business operator.
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won:
4. A person who transfers a right of lease of a rental house, subleases a rental house or arranges it in violation of the provisions of Article 13.
B. Relevant statutes and the instant lease agreement are as follows.
C. The instant case.