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(영문) 대법원 2017.01.12 2016도17967

임대주택법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter “former Rental Housing Act”) provides for the standards for the qualification of lessees, methods of selection, deposit money, rent, etc. for the purpose of facilitating the construction of rental housing and stabilizing the housing life of the people (Article 1); and on the other hand, the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 26449, Jul. 24, 2015; hereinafter “former Rental Housing Act”) prohibits transfer or sub-lease of rental housing to another Si/Gun/Gu without the consent of a rental business operator for reasons such as work, occupation, treatment of illness, etc., including transfer or sub-lease of rental housing (Article 19); transfer or sub-lease of rental housing to a lessee by fraudulent or other unjust means; transfer or sub-lease of rental housing without consideration; transfer of the right to lease of rental housing without consideration under Article 18(1) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 2644).

Based on the above legal principles and evidence.