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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The grounds for this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except that the court added “402” to “4, 7, 7, 2, and 13-14, 13-14, on the ground that the assets of the Plaintiff are not fully satisfied with the asset standards under Article 47 of the Enforcement Decree of the Special Act on Public Housing” to “the ground that the assets of the Plaintiff exceed the occupancy qualification requirements under Article 48 of the Special Act on Public Housing,” and this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. According to the above facts, the lease of this case expired with the term of lease and the defendant refused to renew the contract.
B. As to this, the Plaintiff asserts to the effect that the instant real estate was merely a title trust that was made from the FFFC and thus does not constitute the Plaintiff’s assets. Even if not, by disposing of it on November 17, 2016, once again the Plaintiff’s assets satisfy the occupancy qualification requirements under Article 48 of the Special Act on Public Housing, the Defendant cannot refuse the renewal of the instant lease on the ground that the Plaintiff’s assets exceeded the occupancy qualification requirements.
According to Articles 48 and 49-3(1) of the Special Act on Public Housing, Article 49-3(1) of the Enforcement Decree of the same Act, Article 47(1)2 of the same Act, Article 13(2) of the Enforcement Rule of the same Act, Article 2 [Attachment Table], etc., the qualifications, etc. of occupants of public housing may be determined by Ordinance of the Ministry of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport may determine separate requirements for the qualifications, etc. of occupants of public housing. A public housing project operator may cancel or terminate a contract
In this case, the lessor is also the lessee.