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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (6) and the purport of the entire pleadings.
A. On June 22, 2013, the Defendant leased the instant building from the Plaintiff for residential purpose at KRW 10,000,000, monthly rent of KRW 300,000, and period of lease from July 1, 2013 to July 1, 2015 (2 years).
(hereinafter “Lease of this case”). (b)
The lease of this case was explicitly renewed on July 1, 2015 by July 1, 2017. However, the term of the lease of this case was explicitly renewed by July 1, 2017.
C. The lease of this case is a lease for all or part of a residential building and constitutes a subject of protection under the Housing Lease Protection Act. However, there is no evidence to acknowledge that the Plaintiff notified the Defendant of the refusal of the renewal of the lease of this case during the period from six months to one month before the arrival of July 1, 2019. Thus, the lease of this case was implied renewal until July 1, 2021 pursuant to Article 6(1)1 and (2) of the Housing Lease Protection Act.
The building of this case is located within the implementation zone of the housing reconstruction project in the implementation zone where the Housing Reconstruction Project Association (hereinafter referred to as the "Inward Association") is being implemented.
E. On March 7, 2019, the Suwon City approved the management and disposal plan of the non-party association, and announced it on March 11, 2019.
2. Judgment on the plaintiff's assertion
A. Since the notice of the management and disposal plan for the Plaintiff’s non-party union’s assertion was given, Article 4(1) of the Housing Lease Protection Act does not apply to the lease of this case pursuant to Article 70(5) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Accordingly, the Defendant is obligated
B. Article 70(5) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents does not set the period at the time of the approval of the management plan or set the period less than two years