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1. On February 1, 2017, the Defendant’s termination of a lease agreement on real estate indicated in the attached Form against the Plaintiff is null and void.
Reasons
1. Basic facts
A. On September 2, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant (i.e., the “Defendant,” regardless of the mutual change; hereinafter “Defendant”) by setting the lease term as KRW 26,400,00, monthly rent, and KRW 165,400 (hereinafter “instant lease agreement”) as the lease term until December 31, 2017, with respect to the real estate in the attached Form, public construction (hereinafter “instant rental housing”). The said lease agreement may be terminated or refused to renew the lease agreement if the lessee or a person who belongs to such household owns another house during the lease term or occupies another house in another rental house (except in the case of disposing of it within six months from the date of notification as disqualified as a result of computer search because it owned another house due to inheritance judgment or marriage or any other unavoidable reason, etc.).
(Article 10(1)7 of the General Conditions for Contracts (hereinafter “instant termination clause”) is prescribed.
B. On January 4, 2017, the Defendant discovered that the Plaintiff’s lineal descendant B, who was registered as a member of the household in the instant rental housing, acquired ownership of the Plaintiff’s share of 1/2 shares in the Seo-gu, Seo-gu, Seocheon-gu, 506 Dong 501 (hereinafter “the instant Incheon House”) on February 16, 2016, and notified the Plaintiff that the instant lease agreement was terminated as of February 1, 2017, based on the instant termination clause on the termination clause of the contract.
C. Meanwhile, Article 2 Subparag. 9 of the former Rules on Housing Supply (wholly amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 268, Dec. 29, 2015) that applies to the instant lease agreement (wholly amended by Presidential Decree No. 268, Dec. 29, 2015) refers to the head of a household and a household member of which no house is owned by all the head of the household and all the household members (including the following persons):
Housing supply.