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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 30, 1994, the Plaintiff leased real estate listed in the attached list, which is a public construction rental house (hereinafter “instant apartment”) to the Defendant for a fixed term of two years and has renewed the said lease.
B. The last renewal contract was concluded on December 12, 2017. Accordingly, according to the relevant laws and regulations such as the Special Act on Public Housing, the Housing Act, and the Rules on Housing Supply, the term of the lease of the apartment in this case is a public rental housing which is supplied to homeless generations with a deposit of KRW 2,789,000,000, and the term of the lease is set by December 31, 2019.
(hereinafter “instant lease agreement”). C.
According to Article 10(1)7 of the General Conditions of the instant standard contract, a lessor may cancel or terminate a contract, or refuse to renew a contract, “where a lessee or a person who belongs to that household, during the term of lease of a public construction rental house, owns another house or occupies another house in a rental house.” Provided, That the foregoing shall not apply where a lessor disposes of the relevant house within six months from the date he/she is notified of the disqualified person as a result of electronic search by reason of the ownership of another house due to inheritance, judgment, marriage, etc.
(hereinafter “instant provision”). D.
As a result of the computerized search in 2018, the Plaintiff discovered the fact that C, his father’s father, purchased on February 9, 2006, through a voluntary auction procedure, and transferred the instant apartment on October 16, 2006. On August 31, 2018, the Plaintiff notified the Defendant that the lease contract was terminated on the ground of the violation of the instant provision.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings
2. The Plaintiff’s determination on the cause of the claim is the cause of the instant claim, and the instant lease agreement is legitimate upon the Plaintiff’s notice of termination on the ground of the instant breach of the provision.