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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. The Plaintiff is a corporation established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of the Ulsan Metropolitan City Urban Corporation for the purpose of acquiring, constructing, selling, leasing, and managing buildings, and the Defendant is a person of distinguished service to the State of Grade VII on duty.
B. On June 13, 2014, the Plaintiff announced a national lease and a long-term lease housing (on the present C apartment, hereinafter “instant apartment”) announcement.
C. On May 27, 2014, the Plaintiff recommended the Defendant as a person eligible for special provision of persons who rendered distinguished services to the State by the Ulsan Veterans Office, and entered into a lease agreement with the Defendant on July 31, 2014 (hereinafter “instant lease agreement”) under which the contract is renewed every two years for the attached building (hereinafter “instant building”) as indicated in the attached Form (hereinafter “instant building”) with the Defendant for a deposit of KRW 45,40,000, monthly rent of KRW 690,00, monthly rent of KRW 690,000, and the first occupancy designation date of the lease term of KRW 10,000.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the Defendant was not a non-resident at the time of entering into the instant lease agreement with the Plaintiff, and thus constitutes disqualified residents. In the case of households ineligible for occupancy, the lease contract is terminated as at the expiration of the contract term due to the
Therefore, as the instant lease agreement was terminated on May 28, 2017, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 660,000 per month as unjust enrichment on the monthly rent, by the day on which delivery of the said building is completed.
B. According to the reasoning of the judgment, the above grounds for recognition, and evidence Nos. 3 and 4, the Plaintiff’s announcement of the recruitment of occupants of the apartment of this case as of June 13, 2014, which is the date of the public announcement of the recruitment of occupants, shall be a homeless household and all members of the household shall be a homeless household, and the contract shall be concluded in a case where the Plaintiff violated the requirements for the occupancy of a homeless household, income, and real estate holding an automobile.