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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 June 18, 1997, the Plaintiff leased the instant real estate, which is a public constructed rental housing (hereinafter “instant lease agreement”) to the Defendant, who is a head of a homeless household (the head of a household, including the head of a household, who does not own a house) (hereinafter “head of a household”), and thereafter, the instant lease agreement continued to be renewed, and was finally renewed on July 17, 2015, from August 1, 2015 to July 31, 2017.
B. The defendant has occupied the real estate in this case since August 22, 1997 and has been residing until now.
C. According to the instant lease agreement, in cases where a lessee or a person who belongs to his/her household owns another house during the lease period of a public construction rental house (excluding cases where the lessee disposes of the relevant house within six months from the date on which he/she was notified of non-qualified person as a result of computer search because he/she owned another house due to inheritance or other unavoidable reasons) the lessor may terminate the lease contract (Article 10(1)7 of the General Terms of Contracts). In cases where the lease is terminated due to such reasons, the lessee is obliged to restore the rental house to its original state and order the lessor to do so within one month (Article 10(1) of the Special Terms of Contracts).
On January 1, 2012, Kimpo-si 206, 605, Kimpo-si, Kimpo-si, and on March 23, 2015, the Defendant’s ASEAN transferred D Apartment-dong 301 on October 15, 2015.
E. On October 27, 2015, the Plaintiff confirmed on October 27, 2015, that the Defendant owned another house by inheritance, and that the instant lease agreement was terminated as of April 26, 2016, if the Plaintiff did not dispose of the relevant house within six months from the date of being notified as disqualified, and that the instant lease agreement was not submitted by the Defendant, and there was no evidentiary document verifying that the Defendant disposed of the relevant house by the said period.