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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. On December 27, 2011, the Defendant is the owner of the real estate (exclusive area: 84.9 square meters; hereinafter referred to as “the instant rental housing”) indicated in the attached list of public rental housing units under the Special Act on Public Housing, and the Plaintiff entered into a lease agreement (hereinafter referred to as “the instant lease agreement”) with the Defendant under the terms of “rental deposit of 124,409,000 won,” “monthly rent of 307,40 won,” and “from December 18, 2013 to January 31, 2016” (the said contract term was renewed from February 1, 2016 to January 31, 2018).
B. Of the terms of the instant lease agreement, the key contents pertaining to the instant case are as follows.
Article 10 (Cancellation and Termination of Lease Contracts) Where a lessee has committed any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
8. Where he/she owns another house during the period of lease of the publicly constructed rental house constructed with approval for a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she was notified as disqualified because he/she owned another house due to inheritance, judgment, marriage, or any other unavoidable cause or event, and where he/she acquires the right of lease on a first-come-served basis pursuant to Article 10 (6
C. On June 20, 2014, the Plaintiff’s wife, transferred the instant rental housing to the Plaintiff’s household members, and the said B owned each house as indicated below (hereinafter “the instant housing ownership list”).
Acquisition on November 14, 2014, 201, 2014, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 201, removed or destroyed on March 30, 201, the date of the acquisition of the house from the date of the acquisition of the house: Sale on December 22, 2014, 3, Nowon-gu, Seoul Special Metropolitan City E on September 16, 2003: Sale: 4, the transfer: the sale is F.