2. The costs of the lawsuit are assessed against the defendant.

3.

A. On February 23, 199, the Plaintiff and B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff on the lease of the building listed in the attached real estate list (hereinafter “instant apartment”). In the event that B transferred the right of lease without the Plaintiff’s consent or sub-lease the leased house to another person, the Plaintiff agreed to cancel or terminate the instant lease agreement or refuse to renew the lease agreement.

B. Around 2001, C, a family member of B and the defendant, entered into a sales contract with B, a family member of the defendant, to sell the apartment of this case, and the defendant around that time acquired the apartment of this case from B and has occupied it until now.

C. Meanwhile, around August 27, 2014 and around December 18, 2014, the Plaintiff notified the Defendant, a resident of the instant apartment, to terminate the instant lease agreement on the grounds of the transfer of the right of lease without permission, etc.

【Facts without dispute over the grounds for recognition, entries in Gap evidence 1 through 6, and purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The parties’ assertion 1) The sales contract for the instant apartment between B and C, the Defendant’s family member, constitutes a contract of lease transfer. Since B and C did not obtain the Plaintiff’s consent regarding the said transfer contract, the Plaintiff’s notification of termination is lawful. 2) A, the Defendant’s family member, acquiring the right to lease on the instant apartment from B around 2001, and the Defendant occupied and resided in the instant apartment from around that time to the present day, and the Plaintiff did not raise any objection despite being aware of such fact.

Therefore, it should be deemed that the Plaintiff implicitly consented to the lease transfer contract between B and C on the apartment of this case.

B. We examine the judgment, Eul evidence No. 8, and the purport of the whole pleadings.