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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. From December 10, 1992, the Plaintiff leased the Gangseo-gu Seoul Metropolitan Government No. 501 Dong 502 (hereinafter “instant apartment”) to the Defendant, which is a public construction rental house, from around December 10, 1992 and renewed every two years.
O. In addition, on December 10, 2014, lease deposit amounting to 6.78 million won, monthly renting to 107,600 won, lease terming to 2 years from January 1, 2015 to December 31, 2016 (hereinafter “instant lease contract”) was newly concluded, and the main contents thereof are as follows.
3. Where Article 10 (Cancellation and Termination of Lease Contracts) (1) of the General Conditions in the Contract (referring to the defendant) (referring to the plaintiff) has committed an act falling under any of the following subparagraphs, A (referring to the plaintiff) may cancel or terminate this contract, or refuse to renew the lease:
7. Where a person who belongs to B or a person who belongs to such household owns another house or occupies another house as a result of an electronic search, such as inheritance, judgment, marriage, etc., among the lease periods of public construction rental housing constructed after obtaining approval for business construction pursuant to the provisions of Article 16 of the Housing Construction Promotion 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-served basis in accordance with the rules on housing supply at the time of recruiting occupants of the relevant
4. Article 10 (Cancellation or Termination of Contracts) (1) of the General Conditions for Contracts (1) In cases where a lease contract is canceled or terminated due to any cause referred to in subparagraphs of Article 10 (1) of the General Conditions for Contracts, B shall reinstate the rental housing and order A to recover it within one month.
B. On November 23, 2005, the Plaintiff discovered that C, the Defendant’s spouse, acquired ownership of the 14th 1404 unit of the D Apartment of Gangseo-gu Seoul Metropolitan Government on November 23, 2005, and on October 6, 2015, pursuant to Article 10(1)7 of the General Conditions of the above Contracts.