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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The Plaintiff entered into a lease agreement with the Defendant, setting the term of lease from November 1, 201 to October 31, 2013, with respect to the apartment units listed in the attached list of public rental housing units constructed pursuant to the Rental Housing Act (hereinafter “instant apartment units”).
(hereinafter “instant lease agreement”). The terms and conditions of the contract incorporated into the instant lease agreement are as follows.
Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee performs any of the following acts, a lessor may cancel or impair this contract, or refuse to renew the lease contract:
9. Where a lessee fails to file an application for conversion for sale in lots within the period of application for conversion for sale in lots under Article 32 (5) of the Rental Housing Act, the Plaintiff shall file an application for conversion of the apartment of this case with the Defendant for conversion in lots until April 30, 2015, and if the application for conversion in lots is not made by the said period, the Plaintiff sent a notice to the Defendant that the instant lease contract will be terminated several times, but the Defendant did not file an application for conversion in lots within the said
Accordingly, on May 26, 2016, the Plaintiff notified the Defendant to deliver the instant apartment upon the termination of the instant lease agreement.
[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4 (including additional numbers), and the purport of the entire pleadings are examined. The defendant did not file an application for conversion for sale in lots within the deadline, and the lease contract of this case was lawfully terminated on the date when the plaintiff's highest notice was served on May 26, 2016 to the defendant or late, and the copy of the complaint of this case containing the plaintiff's expression of intent to cancel the lease contract of this case was delivered to the defendant. Thus, the defendant raised objection against the plaintiff.