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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 February 12, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease a lease deposit with the Defendant (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 133,780,00, monthly rent of KRW 406,30, and the lease term of KRW 2 years (hereinafter “instant lease agreement”).
B. According to Article 10 subparagraph 7 of the General Conditions of the instant lease agreement, where the defendant or a person who belongs to the household owns another house during the term of lease or occupies another house as a result of the winning in another rental house, the plaintiff may cancel, terminate, or refuse to renew the instant lease agreement: Provided, That this does not apply where the plaintiff disposes of the relevant house within six months from the date of being notified as disqualified as a result of computer search due to the ownership of another house due to inheritance, judgment, marriage, or any other unavoidable reason, and where the right of lease is acquired on a first-come first-served basis in accordance with the Rules on Housing Supply at the
C. The Plaintiff confirmed the fact that B, the Defendant’s spouse, obtained ownership of another apartment on May 29, 2015 as a result of computerized search as to whether the Plaintiff owned a house, and notified the Defendant of the termination of the instant lease agreement on November 27, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the defendant's spouse's acquisition of apartment ownership during the term of the instant lease agreement constitutes grounds for termination of the contract, and that the contract of this case is terminated by notifying the plaintiff of the termination lawfully, the defendant should deliver the apartment of this case to the plaintiff.
On April 29, 2015, the defendant filed an application for confirmation of the intention of divorce, which was between the defendant's spouse B and the defendant's spouse for more than one year.