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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 May 4, 2011, the Plaintiff, as the owner of the leased building (hereinafter “instant building”) indicated in the attached list constructed for the stabilization of housing of homeless people, leased the said building with the lease deposit of KRW 13.34 million and the lease term of KRW 2 years to Non-Party C.
(hereinafter referred to as “the instant lease agreement”). The said lease agreement was renewed twice, and on June 25, 2015, the last renewal contract was amended by 11,3920,000 won for the lease deposit, and on June 30, 2017, the lease term was amended by June 30, 2017.
B. After that, C, the lessee of the instant building, died on March 26, 2017, and the Defendant (Appointed Party; hereinafter “Defendant”) and the designated parties jointly inherited C.
C. The instant building is a long-term lease house not converted for sale on the basis of the Rental Housing Act and its occupancy eligibility is determined by the said Act and subordinate statutes.
In other words, in the case of a house with an exclusive area of 59 square meters and the same area as the instant building, all of the spouse and the household members (including the spouse and the household members not registered on the same resident registration certificate as the principal) who have no houses and meet the requirements of 126 million won or less (in the case of land, the individual land price and the building shall be the tax base standard).
Meanwhile, according to the instant lease agreement, a lessee may renew the lease agreement on a two-year basis if he/she maintains the aforementioned occupancy eligibility (the main sentence of Article 1(1) of the Special Conditions for Contracts). However, if he/she fails to maintain the occupancy eligibility, a lessor may cancel, terminate, or refuse to renew the lease agreement in any case falling under any subparagraph of Article 1(1) of the General Conditions for Contracts (the proviso to Article 1(1) of the Special Conditions for Contracts). In such cases, the lessee shall restore the rental housing to its original state and order the lessor to do so within one month.