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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. Buildings listed in the attached list (hereinafter “the instant housing”) are publicly constructed rental housing units under the Rental Housing Act as owned by Seoul Special Metropolitan City. The Plaintiff was entrusted with the lease and management of the instant housing units by Seoul Special Metropolitan City, a local public enterprise established for the purpose of contributing to the stability of citizens’ residential life and the improvement of welfare through the development and supply of housing sites, housing construction, improvement, supply and management, etc. as prescribed by the Local Autonomy Act, the Local Public Enterprises Act, and the Seoul Special Metropolitan City Es.
B. From May 13, 197, the Plaintiff leased the instant house to the Defendant from around May 13, 1997, and renewed the instant lease agreement every two years. Around May 31, 2013, the Plaintiff re-determined the instant lease agreement with the Defendant by the term of June 30, 2015.
(hereinafter referred to as the “instant lease contract”).
According to the instant lease agreement, where a lessee has leased a rental house by fraud or other improper means, or where a lessee or a person belonging to the household owns another house during the lease period (except in the case of disposing of the house concerned within six months from the date of notification as disqualified as a result of electronic search by reason of inheritance, marriage, etc.) a lessor may cancel or terminate the lease contract, or refuse to renew the lease contract. If the lease contract has been canceled or terminated due to such reason, the lessee shall restore the rental house to its original state within one month.
The Defendant’s ASEAN registered as the Defendant’s household member from February 27, 1998, and completed the registration of ownership transfer on April 26, 2014 with respect to single-story housing located in Gwangju City (hereinafter “Seoul City Housing”) on June 13, 2014, and on November 10, 2014.