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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 October 26, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant rental housing”) with the Defendant as indicated in the separate sheet (hereinafter “instant rental housing”) with the term of October 31, 2019, including deposit 5,2610,000 won, monthly rent 146,200 won, and the term of October 31, 2019. The relevant provisions of the said lease agreement are as follows.
3. Where a lessee commits any of the following acts, a lessor may cancel or terminate such contract, or refuse to renew such contract:
7. Where a lessee or a person who belongs to him/her owns another house or occupies another house as a result of an electronic search, such as inheritance, judicial decision, marriage, etc., among the lease periods of public construction rental housing constructed after obtaining 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 is notified of the disqualified as a result of electronic search, and where he/she acquires the right of lease on a first-come first-served basis in accordance with the Rules on Housing Supply at the time of recruiting occupants of the relevant
B. On December 5, 2017, the Plaintiff notified the Defendant of the termination of the contract, that C, his spouse of the Defendant, acquired ownership of D Building E in Ansan-gu, Ansan-si, and that on August 30, 2018, the said lease contract was terminated as of September 1, 2018 under Article 10 of the instant lease contract.
C. Article 2 subparag. 4 of the former Rules on Housing Supply applicable to the instant lease agreement (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 565, Dec. 11, 2018) defines “member of a non-family household” as follows.
4. The term “person with no house” is the householder, and the householder.