1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In around 1993, the Si General Construction Co., Ltd. (hereinafter “ Si Construction”) constructed a public rental apartment, which is a publicly constructed apartment, including real estate listed in the [Attachment] (hereinafter “instant apartment”).

B. After acquiring the ownership of the instant apartment, the Plaintiff entered into a lease agreement with the Defendant who had resided in the instant apartment, and entered into a lease agreement on May 12, 2003 (hereinafter “instant lease agreement”).

In connection with the cancellation of a contract, the following provisions are provided in the lease contract prepared at the time:

Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee (Lessee) commits any of the following acts, A (Lessor) may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. (Case of Priority) Where one owns another house during the term of lease for publicly constructed rental house: Provided, That this shall not apply where one acquires the right of lease on a first-come-served basis pursuant to the provisions of Article 10 (6) of the Rules on Housing Supply at the time of inviting occupants of the relevant rental house;

C. Meanwhile, on December 28, 1995, the Defendant acquired the ownership of D apartment Nos. 105 and 106 (hereinafter “D apartment”), which was sold on October 22, 1998.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 3-2, Gap evidence 5

2. The parties' assertion

A. The plaintiff asserts that the defendant first owned the D apartment of this case during the lease period of the apartment of this case, so the ground for rescission of the contract under the above lease contract 10 (1) 7 has occurred.

Next, prior to the purchase of the right to lease of the apartment of this case, the defendant has already concluded a sales contract on the D apartment of this case, but has maintained the status of the head of the homeless.