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(영문) 수원지방법원성남지원 2015.06.26 2014가합208916

임차권 양도에 대한 동의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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 the construction project plan for public construction rental apartments with respect to 21,437 square meters of land in Seongbuk-si, Sungnam-si, and constructed D apartment houses on the above land.

B. On May 17, 2006, the Plaintiff entered into a lease agreement with the Defendant on a deposit for the lease of KRW 215,687,00 for the instant apartment, KRW 494,00 for monthly rent, and KRW 10 for the lease term (hereinafter “instant lease agreement”). The Plaintiff reported the lease term of the instant apartment with the ten-year lease term for the instant apartment.

C. The Plaintiff was residing in the instant apartment and was residing in Asan City from July 2013 to July 3, 2013, and worked as a cargo engineer from Eina, Inc., Ltd., which was located in Eina City from Einaro 361-18, and is residing in Bina City E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion falls under cases stipulated in Article 18(1)1(a) of the Enforcement Decree of the Rental Housing Act, such as moving his/her residence from the apartment of this case to the ASEAN located more than 40 kilometers in a straight line, on July 1, 2013, when Asan City is located from July 1, 2013, and the Plaintiff served in Ensan City, Inc., Ltd., Ltd., located in 361-18, and thus, the Defendant is obligated to consent to the transfer of the right

B. According to Article 19 of the Rental Housing Act and Article 18 of the Enforcement Decree of the same Act, if a lessee of a publicly constructed rental house prohibits, in principle, the lessee of the publicly constructed rental house from transferring or sublet the leased right to another person, and the lessee submits to the rental business operator materials proving that the lessee falls under