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(영문) 수원지방법원성남지원 2015.09.04 2015가합200650

부동산전대동의

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1. The defendant is the plaintiff's Da [D] E apartment and F (hereinafter "the apartment of this case") in Sungnam-si, Sungnam-si.

Reasons

1. Basic facts

A. On February 28, 2006, pursuant to Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Defendant approved a public construction rental apartment construction project plan for the area of G 21,437 square meters in Sungnam-si from the Sungnam market, and constructed H apartment on the above land.

B. On May 24, 2006, the Plaintiff concluded a lease contract with the Defendant for the lease deposit of KRW 159,417,00 for the instant apartment, KRW 358,00 for monthly rent, and KRW 10 for the lease term (hereinafter “instant lease contract”) and reported the lease term of the instant apartment to 10 years for the instant apartment.

C. The Plaintiff was living together with his spouse and children in the instant apartment complex. The JJ, the spouse I worked for, was transferred to Sejong City as of the end of 2014.

The plaintiff requested the defendant to consent to the sub-lease of the apartment house of this case, but the defendant selected a subsequent tenant through the waiting system for moving in and rejected the request after notifying the plaintiff that the deposit will be refunded.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff, a spouse, moved his residence to Sejong City due to the relocation of I’s work place, and this constitutes exceptional grounds for sub-lease under Article 18(1)1(a) of the Enforcement Decree of the Rental Housing Act, and thus, the Defendant should consent to the right of lease lease lease to C, a non-family household member.

B. The gist of the Defendant’s assertion 1) If the lessor consents to the termination of the lease agreement, the lessee is not entitled to obtain the consent to the sub-lease of the lease agreement separately. 2) The lessee of the instant apartment can choose the lessee at will as the publicly constructed rental house.