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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The apartment house of this case was acquired by Seoul Metropolitan Government for redevelopment rental housing, and the Seoul Metropolitan Government concluded a redevelopment rental management contract with the Plaintiff on the supply, management, occupancy, eviction management, occupancy contract etc. of rental housing.
B. On November 25, 199, 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 February 22, 2013, with the deposit deposit of KRW 22,310,00, monthly rent of KRW 117,700, and the lease agreement with the lease term of February 28, 2015 (hereinafter “instant lease agreement”).
C. Article 10(1)7 of the General Conditions of the instant lease agreement (hereinafter “instant termination clause”) provides that where a lessee owns another house during the lease period of public construction rental housing constructed with the approval of a project plan under Article 33 of the Housing Construction Promotion Act (except where the lessee disposes of the relevant house within six months from the date of notification as disqualified as a result of electronic search due to the possession of another house due to inheritance, judgment, marriage, or any other unavoidable cause, and where the lessee disposes of the relevant house within six months from the date of notification of disqualified as a result of electronic search, and where the lessee acquires the right of lease on a first-come first-served basis pursuant to Article 10(6) of the Rules on Housing Supply at the time of recruitment of occupants of the relevant rental housing, the lessor may cancel or terminate the lease, or refuse to renew the lease. Article 10(1) of the Special Conditions of the Contract provides that the lessee shall restore the rental housing and order the lessor to renew the lease within one month.
The defendant, on October 10, 2012, owned B, his father, due to the inheritance by consultation and division, on October 10, 2012, in Yangcheon-gu Seoul, No. 201 (hereinafter “instant real estate”).