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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On August 14, 2013, the Plaintiff leased real estate listed in the attached list, which is the publicly constructed rental housing prescribed by the Rental Housing Act, to the Defendant (hereinafter “instant apartment”) by setting the deposit amount of KRW 24,104,00, monthly rent of KRW 199,120, and the rental period of KRW 19,120, July 31, 2015.
Among them, the contents related to the renewal of the lease contract are as follows:
6. Special conditions for the contract (Renewal of the lease contract) (1) A lessor may renew the lease contract on a two-year basis with the lessee who maintains the qualifications for occupancy of national rental housing (such as the requirements for restricting the scale of a house without a house owner, asset ownership, income, or single-household housing).
In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of the intention to renew the lease one month prior to the expiration of the lease.
(2) Notwithstanding paragraph (1), where a lessee exceeds the income standards among the qualifications for occupancy of national rental housing, a lessor may renew the lease with the rental deposit and rent calculated by applying the premium rate specified in the Acts and subordinate statutes on rental housing.
Provided, That a lessee whose degree of excess income exceeds the standard prescribed by rental housing Acts and subordinate statutes shall withdraw within six months from the end of the lease contract period.
B. The Plaintiff’s assets owned by the Defendant, the householder of the instant apartment, and the Defendant’s children, the constituent members of the household, exceeded the standard prescribed in the relevant laws and regulations. The asset holding standard amounting to KRW 126 million. The total assets owned by the Defendant, the householder, and his/her children, who are the household members, exceed the standard amount of KRW 295,019,50.
B notified that the lease is not subject to renewal without a separate explanation, but the lease contract was terminated on July 31, 2015 due to the Defendant’s failure to submit explanatory materials.
[Ground] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), and the purport of the whole pleadings
2. Determination;