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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows: (a) the court shall dismiss “in violation of the new rules or constitutes abuse of rights” under Section 3, Section 11 of the judgment of the court of first instance; and (b) the Defendant’s assertion is identical to the statement of the judgment of the court of first instance, except for further determination as to the matters claimed by the Defendant, as provided in the following Paragraph 2; and (c) therefore, it shall accept it as it is in accordance with
2. Additional matters to be determined;
A. The defendant's assertion that the contract of this case cannot be terminated solely on the ground that the defendant owned another house at the time when he was a member of the household, since there is no indication that members of the household should be a homeless except the head of the household, and that the plaintiff did not notify the defendant of such contents.
B. According to the written evidence Nos. 2 and 8, Article 10(1)7 of the instant lease agreement only provides that “If a household member owns another house during the lease period of public construction rental housing constructed with the approval of a business plan under Article 16 of the Housing Construction Promotion Act (Article 33 of the former Housing Construction Promotion Act), a lease contract may be terminated.” On the contrary, there is no express statement in the instant lease agreement that “the household member should be a homeless person.”
However, Article 2 Subparag. 9 of the former Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 158, Dec. 26, 2014) provides that “A person without a house owner” means the head of a household, including the head of a household, who does not own a house,” and Article 29(4)1 of the current Rules on Housing Supply is a rental house with a size not exceeding 85 square meters and where an occupant himself/herself or a person who belongs to the household owns another house before the expiration of the term of lease, the relevant rental house should be clarified to
‘....’ respectively.