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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. On July 26, 200, the Plaintiff and the Defendant entered into a lease agreement on the instant rental housing, which is a public rental housing under the former Housing Construction Promotion Act and the Rental Housing Act, with the Defendant, and the Plaintiff entered into a lease agreement between October 1, 2004 and September 30, 2006, and finally, renewed the lease agreement every two years.
(hereinafter “instant lease agreement”). The Defendant, around October 20, 200, occupied the instant rental house and has resided until now.
B. 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 to its original state within one month.
C. On October 11, 2010, the Defendant Company B purchased 103 units of the first floor among the D ground buildings in Jung-gu, Seoul (hereinafter “instant D houses”) from C, Jung-gu, Seoul, and completed the registration of ownership transfer on October 20, 2010.
B was residing in the instant rental house after completing resident registration, and was on October 201.