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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. The total cost of a lawsuit shall be borne individually by each party.
purport.
Reasons
Facts of recognition
On September 22, 2014, the Defendant leased the instant building owned by the Plaintiff from the Plaintiff during the lease period of KRW 8,170,000, monthly rent of KRW 68,100, and period of lease from October 1, 2014 to September 30, 2016.
(2) On January 11, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement pursuant to Article 4(2) of the Housing Supply Rules and Article 10(1) of the instant lease agreement, on January 11, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5 (including each number), the purport of the entire pleadings, and the defendant asserts that the defendant is a member of a homeless household, who is only a legal spouse, and does not deal with the same household, while the defendant is a member of a homeless household.
In light of the purpose of the rental housing supply system to facilitate the smooth supply of permanent rental housing to homeless persons, and the purport of the system that limits the eligibility of lessee of the publicly constructed rental housing, etc., if there are special circumstances, such as where the spouse only remains as a spouse under the formal Acts and subordinate statutes because the spouse did not deal with the same household with the householder before and after the lease period and there is no possibility to achieve the future, it is reasonable to view that it does not constitute a ground for termination of the contract as stipulated in the provisions for termination of the contract of this case even if the spouse owns another house during the lease period (see, e.g., Supreme Court Decision 2011Da1013, Jun. 30, 201). A through 6 (including various numbers), comprehensively taking account of the overall purport of arguments, the Defendant did not have resided in the same place as C after reporting a marriage with C, and instead, residing in the same place as D from November 24, 1981.