1. The plaintiff's claim is dismissed.

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

Basic Facts

On November 14, 2011, the deceased B (hereinafter referred to as the “the deceased”) entered into a lease agreement with the Defendant on the instant apartment, which is the public rental housing, with a lease deposit of KRW 89 million, monthly rent of KRW 620,000,000. On November 15, 201, the above lease agreement was amended with a conversion deposit of KRW 46 million, monthly rent of KRW 313,30,000 after deduction.

On September 25, 2014, the Plaintiff entered into a lease transfer contract with the Deceased (hereinafter “instant lease transfer contract”) and submitted to the Defendant an application for approval of the transfer of the lease right on October 15 of the same year.

On November 4, 2014, the deceased died, and the examination and approval procedures pursuant to the above application for approval were suspended without proceeding any longer due to the death of the deceased.

[Ground of recognition] In the case of the Plaintiff’s rental housing claim as to the respective entries in Gap’s 1 through 3, Gap’s 18, Eul’s 18, and Eul’s 1 (including each number in the case of a serial number), and the cause of claim as a whole of the pleadings, where certain requirements are met, the transfer of the right of lease is allowed. The Deceased concluded the instant lease transfer contract with the Plaintiff by meeting the above requirements, and filed an application for the consent on the transfer of the right of lease with the Defendant by satisfying the supporting documents, the Defendant is obligated to consent on the transfer of the right

Judgment

A lessee of a rental house under relevant Acts and subordinate statutes and Article 19 of the Rental Housing Act shall be prohibited from transferring the right of lease (including sale, donation and all other acts that cause alteration of the right, but excluding inheritance) to another person or sublet the rental house to another person.

Provided, That in cases prescribed by Presidential Decree, where a rental business operator's consent is obtained, such transfer or sublease may be made.

Article 18 (Permission for Transfer, etc. of Right of Lease) (1) of the Enforcement Decree of the Rental Housing Act (Amended by Presidential Decree No. 25715, Nov. 11, 2014) (1).