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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a public corporation established by the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City EP Corporation, and performing housing supply business.
B. The real estate listed in the attached list (hereinafter “instant house”) is a rental house leased by the Plaintiff to a homeless household pursuant to the Housing Act, the Rental Housing Act, the Housing Supply Regulations, etc.
In the Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 158 on December 26, 2014), the homeless householder was defined as follows:
Article 2 (Definitions) The definitions of terms used in these Rules shall be as follows:
9.The term “non-household” means a householder of a household in which all of the household members (including the spouse of the householder who is not registered on the same resident registration card as the householder and the household members who form the same household as his spouse), including the householder, own a house;
C. On December 17, 2012, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) to renew the instant housing lease agreement by December 31, 2014.
The instant lease agreement was concluded on the premise that the Defendant’s occupancy requirements of rental housing constitutes a homeless household owner, and that the instant lease agreement may be terminated if the Defendant fails to meet the requirements.
The contents of the relevant provisions are as follows:
3. Where Article 10 (Cancellation and Termination of Lease Contracts) (1) of the General Conditions in the Contract (referring to the defendant) "B" (referring to the defendant) commits any of the following acts, "A" (referring to the plaintiff) may cancel or terminate this contract, or refuse to renew the lease.
7. Term of lease of public construction or rental housing constructed with approval for a project plan under Article 16 of the Housing Act;