임차권 양도에 대한 동의
1. The plaintiff's main claim is dismissed.
2. The defendant is the plaintiff's Da Apartment-gu, Sungnam-si, 806 Dong.
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 a public construction rental apartment construction project plan for the E block 21,437 square meters from the Sungnam market in Sungnam-si, and constructed a public construction rental apartment on the above land.
B. On May 23, 2006, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit amount of KRW 215,687,00 for the instant apartment, monthly rent of KRW 494,00 for KRW 494,00 for the lease period of KRW 10 years for the instant apartment (hereinafter “instant lease agreement”), and reported the lease period of the instant apartment ten years for the instant apartment.
C. The plaintiff resided in the apartment of this case and worked in the incentive Engineering Corporation located in Daegu Suwon-ro 25-15, 58-15 (Dong) around 2013, and resided in the Dong's house located in Daegu-gu, and on the weekend or public holiday, he is residing in the apartment of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of whole pleadings
2. Judgment as to the main claim
A. The gist of the Plaintiff’s assertion ought to move his residence from around 2013 to Daegu located far away from the instant apartment to 40 kilometers in straight line. This constitutes exceptional grounds for transferring the right of lease under Article 18(1)1(a) of the Enforcement Decree of the Rental Housing Act, and thus, the Defendant is obliged to consent to the transfer of the Plaintiff’s right of lease.
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 the right of lease to another person, and the lessee submits to a rental business operator materials proving that the lessee falls under exceptional reasons, unless