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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The apartment of this case is a public rental house under the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003) and the Rental Housing Act, and the plaintiff is the owner of the apartment of this case.
B. On June 10, 1993, the Plaintiff concluded and renewed a lease agreement with the Defendant on the instant apartment, and finally, concluded and renewed the lease agreement with the Defendant on November 28, 2013, with the lease deposit of KRW 4,380,00, monthly rent of KRW 56,700, and the lease term of KRW 2 years (hereinafter “instant lease agreement”).
C. Article 10(1)7 of the General Conditions of the instant lease agreement provides that “where a defendant or a person who belongs to such defendant or household owns another house during the term of lease, the plaintiff may cancel or terminate the relevant contract.” Article 2 Subparag. 9 of the Rules on Housing Supply applicable to the instant lease agreement provides that “A person who is not a house owned by all the householder and household members (including the householder or the spouse of a household member who intends to apply for housing supply and is not registered in the same resident registration card as the relevant householder or household member)” refers to the householder of a household who does not own a house.
The Defendant married with B on April 29, 197, and B completed the registration of ownership transfer in its name with respect to Bupyeong-gu, Incheon on Sep. 21, 1998, in the name of Bupyeong-gu, Incheon on Sep. 21, 1998, and completed the registration of ownership transfer to D on Oct. 10, 207, and on May 22, 2008, the registration of ownership transfer with respect to Bupyeong-gu, Incheon E-202, a housing, was completed in its name until the date of registration of ownership transfer.
E. On August 5, 2014, on the ground that the Defendant’s spouse B is the owner of another house, the Plaintiff notified the Defendant of the termination of the instant lease agreement and requested the Defendant to leave the instant apartment by August 31, 2014.
【Legal basis for recognition】