임차권 전대 동의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts [The grounds for recognition: The fact that there is no dispute, the entries in Gap evidence Nos. 1, 3, 4, and 9, and the purport of the whole pleadings] The defendant is the owner of real estate listed in the attached Table No. 2 subparag. 1 (a) of the Act as a public housing project operator under Article 4 of the Special Act on Public Housing (hereinafter “Act”) (hereinafter “the Act”).
The Plaintiff was selected as the occupant of the instant apartment on April 5, 2017, and the name at the time of the Defendant was “C Corporation”.
The scheduled date of occupancy under the lease contract of this case was around August 2019 (it is possible to change according to process).
From this point of view, a contract for lease was concluded with a set of KRW 53,120,00, monthly rent of KRW 553,000 (hereinafter “instant lease contract”).
Article 6(1) of the instant lease agreement provides that “A lessee may not transfer a right of lease or sublet a public rental house to another person in violation of the Special Act on Public Housing.” Article 10(1)2 of the same Act provides that “Where a lessee transfers a right of lease of a public rental house to another person or sublet a public rental house in violation of Article 49-4 of the Special Act on Public Housing, a lessor may cancel, terminate, or refuse to renew a contract.”
On July 1, 2018, the Plaintiff changed the place of work from Namyang-si to Yangyang-gun, and around October 3, 2019, the Plaintiff occupied the instant real estate.
On January 21, 2020, the Plaintiff requested the Defendant to give consent to the sub-lease of the instant apartment on the ground of the change of workplace pursuant to Article 49-4 of the Act and Article 48 of the Enforcement Decree of the Special Act on Public Housing (hereinafter “Enforcement Decree”), but the Defendant rejected the request on the ground that the cause for the change of workplace occurred prior to the occupancy.
A lessee of public rental housing (limited to sub-lease of public rental housing) under Article 49-4 of the Special Act on Public Housing shall transfer his/her right of lease to any third person (including sale, donation, and all other acts due to changes in rights.