1. Revocation of the first instance judgment.

2. The separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be recorded.

1. The reasoning for the court’s explanation on the facts and this part of the relevant statutes is as stated in the judgment of the court of first instance, in addition to using “B” under the third upper part of the judgment of the court of first instance and “B” under the third upper part of the relevant statutes, and thus, it is identical to the corresponding part of the judgment of the court of first instance. Accordingly, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. Even in cases where a lessee who is a party to a lease agreement on permanent rental housing and a member of a household who forms the same household as such, owns another house during the term of lease, a lessor may terminate a lease agreement on the ground of the following provisions: (a) in cases where a lessee owns another house during the term of lease (except for cases where a lessee owns another house due to inheritance, judgment, marriage, etc., or other unavoidable reasons, and where a lessee acquires a right of lease on a first-come first-served basis pursuant to the proviso to Article 8 of the Rules on Housing Supply at the time of soliciting occupants of the relevant rental housing, a lessor may terminate the lease agreement; and (b) in cases where a person who already owns another house moves into a lessee and forms the same household by transferring a lessee to a non-resident, in principle, the reason for termination of a lease agreement shall be deemed to fall under the grounds for a lessee. However, in light of the purport of the rental housing supply system that intends to facilitate the supply of a rental housing to a non-resident, such circumstance can no longer be deemed to require a lessor to terminate the agreement.

Supreme Court Decision 2006No. 23 Decided November 23, 2006