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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established with the aim of contributing to the development of the national economy by promoting the improvement of national housing life and the efficient utilization of the national land through the acquisition, development, reservation, supply, urban development, maintenance, construction, supply, and management of land. On November 20, 2009, the Plaintiff completed registration of preservation of ownership on each building listed in the separate sheet, which is a national rental housing.
B. On December 12, 2008, the Plaintiff entered into a lease agreement with Defendant B on the condition that the building specified in the attached Table No. 1 is KRW 10 million, monthly rent of KRW 68,00, and the lease period from October 14, 2009 to November 30, 201. On the same day, the Plaintiff entered into a lease agreement with Defendant A on the condition that the building specified in the attached Table No. 2 is leased by setting the lease deposit amount of KRW 10,00,00,000, monthly rent of KRW 68,000, and the lease period of November 6, 2009 to November 30, 201.
C. In concluding each of the above lease agreements, the Plaintiff agreed to renew the lease agreement on a two-year basis when the Defendants maintained the requirements for occupancy of rental housing (such as requirements for restricting the size of house without house owner, asset ownership, income, and single-household housing) as prescribed by the Rental Housing Act, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, and the Rules on Housing Supply. In the event that the Defendants leased a rental housing by fraudulent or other unlawful means, they may terminate or refuse the lease agreement if they owned another house during the lease period, or if they violated the obligations under the standard lease agreement.
Article 15 of the Standard Terms and Conditions of the Contract concluded between the Plaintiff and the Defendants provides that “The matters not specified in the contract shall be governed by the relevant Acts and subordinate statutes of rental housing, such as the Rental Housing Act and the Rules on Housing Supply,” and according to Article 32 of the Rules on Housing Supply, the Plaintiff shall be qualified as a resident of national rental housing.