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(영문) 창원지방법원진주지원 2020.03.10 2019가단37263

임차권양도에대한동의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant was a juristic person established under the Korea Land and Housing Corporation Act, and constructed D apartment and E (hereinafter “instant rental apartment”) in Seongbuk-gu, Sungnam-si, a public rental housing project operator designated by the Minister of Land, Infrastructure and Transport as a public housing project operator under the Special Act on Public Housing for a mandatory rental period of ten years.

B. B entered into a renewed contract since the conclusion of the instant rental agreement with the Defendant with respect to the instant rental apartment. From December 18, 2009 to December 18, 2009, B is residing in the instant rental apartment.

On October 30, 2017, the Defendant concluded a lease contract again with respect to the rental apartment in this case, setting the lease contract as between November 1, 2017 and October 31, 2019, by setting the rental deposit 227,524,000 won, the conversion deposit 20,000 won monthly rent of KRW 751,510, and the contract term from November 1, 2017 to October 31, 2019.

C. B was prosecuted by the Daejeon District Court 2017Gohap105 on suspicion of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and was confined to the Chungcheong detention house on May 27, 2017.

After January 31, 2018, B was sentenced to five years of imprisonment and fine of KRW 100 million, and the above judgment became final and conclusive on October 4, 2018 following appeal and appeal.

Daejeon High Court 2018No87, Supreme Court 2018Do10670, D.

F sought work place in Daejeon to move to the nearest area of Chungcheongbuk-do, one of the husband and wife's ties for interview with B, and entered into a lease transfer agreement with the Plaintiff on December 2, 2017.

E. B, on December 12, 2018, filed an application with the Defendant for consent to the transfer of the right of lease on the ground that all the members of the household intend to transfer the instant rental apartment lease to the Cheongbuk-do Gun for the purpose of working and living after moving the instant rental apartment into the Cheongbuk-do.

As a result of document review, it is confirmed that B satisfies the requirements for the transfer of right of lease, etc., the defendant shall color the house of the previous planned site.