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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A building listed in the attached list (hereinafter “instant apartment”) is a publicly constructed rental house as prescribed by the Rental Housing Act.
B. On January 22, 2009, the Plaintiff entered into a lease agreement with the Defendant on the instant apartment (hereinafter “instant lease agreement”) with respect to the said apartment.
Term: Deposit for lease by February 28, 201: Monthly rent of KRW 7,780,00: Article 10 (Cancellation and Termination of Lease Contract) of the General Conditions of KRW 118,900 (Cancellation and Termination of Lease Contract) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
1. Where he has rented a rental house by falsity or other illegal means; and
2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.
3. Where he fails to move in within three months from the date on which the lease term has expired: Provided, That this shall not apply in cases where the moving in is delayed due to any cause attributable to the lessor
4. Where the rent is in arrears for at least three consecutive months;
5. Where a rental house and its incidental facilities are reconstructed, expanded or altered without the consent of the lessor, or used for purposes other than their original purposes.
6. Where a lessee intentionally destroys or destroys a rental house and its incidental facilities;
7. Where he owns another house during the lease period of the publicly constructed rental house constructed with the approval of a business plan under the provisions of Article 16 of the Housing Act: Provided, That this shall exclude cases where he disposes of the relevant house within 6 months from the date of notification as disqualified as a result of computer search because he owns another house due to inheritance, judicial judgment, marriage, or other unavoidable reasons, and cases where he acquires the right of lease on a first-come-served basis as prescribed by the Regulations on Housing Supply at
8. The lease term has expired.