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1. On November 10, 2010 between the Plaintiff and the Defendant with respect to C Apartment 4, 404, and 605, located in Daegu-gun District under B.
Reasons
1. Facts of recognition;
A. The Defendant is performing urban development project in Daegu City, and is conducting new construction and lease of the C apartment complex 4, a public construction rental apartment in Daegu-gun, B.
B. On October 7, 2010, the Defendant publicly announced the invitation of occupants of the above apartment, and among which, the general supply is as follows.
Qualification requirements: In cases of a homeless household residing in the Daegu Housing Construction area as of the first announcement date, and in cases where all members of the household have no houses from the date of the first announcement of recruitment of occupants until the date of occupancy: No person subject to search shall be deemed to have no houses if he/she owns a house within the period of homeless (five years, three years, and the date of public announcement of recruitment): Provided, That in cases of eight cases, such as where he/she disposes of a house within three months from the date of notification to the disqualified person due to inheritance, he/she shall not be deemed to have
C. On November 10, 2010, the Plaintiff concluded a contract with the Defendant to lease the said apartment Nos. 48,439,000 (hereinafter “the instant apartment”) with a deposit of KRW 48,50,00 (the increase of KRW 2,50,00,00), monthly rent of KRW 285,780, the initial rental period, from December 12, 201 to December 11, 2011, and ten years after the end of the initial occupancy period (it can be renewed on a two-year basis only for a person who satisfies the requirements for occupancy prescribed in the Rental Housing Act and subordinate statutes).
(hereinafter referred to as “instant lease agreement.” Article 10 of the instant lease agreement provides that “Where a lessee has leased a rental house by fraud or other improper means, a lessor may cancel or terminate a contract, or refuse to renew a lease contract in cases where he/she owns another house during the lease period, etc.” The general rule provides that “the details of this contract shall be part of this contract and matters not specified in this contract shall be governed by relevant Acts and subordinate statutes.”