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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 August 29, 1995, the Plaintiff continued to renew the term of the contract since the lease of real estate listed in the separate sheet (hereinafter “instant rental housing”) that is a public construction rental house to the Defendant. However, on December 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the term of the contract is renewed until December 31, 2017.
B. The following provisions are stipulated in the lease contract prepared at the time of the conclusion of the above lease contract:
3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:
7. Where a lessee or a person belonging to him/her owns another house during the lease period of public construction constructed with the approval of 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 person as a result of computer search because he/she owns another house due to inheritance, judgment, marriage, or other unavoidable reasons, and where he/she acquires the right of lease by the first-come-served method in accordance with the Rules on Housing Supply at the time of recruiting occupants of the relevant rental house
4. Where a lease contract has been terminated or terminated due to reasons falling under any subparagraph of Article 10 (Cancellation or Termination of Contracts) of the General Conditions for Contracts under Article 10 (Cancellation or Termination of Contracts), the lessee shall reinstate the rental house and order the lessor to restore it within one month.
C. On July 4, 2016, the registration of ownership preservation was completed in C in the name of the Defendant’s spouse regarding the 4th floor of reinforced concrete building B in Gunsan-si and the 2nd class neighborhood living facilities.
The plaintiff found the above facts as a result of the computer search conducted by the defendant, and on August 21, 2017, the above general terms of the contract to the defendant.