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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
The Plaintiff is the owner of real estate listed in the attached list of public rental housing units falling under subparagraph 1-2 of Article 2 of the Special Act on Public Housing (hereinafter “instant housing”), and the Defendant was the lessee of the instant housing from April 11, 2014, and the Plaintiff and the Defendant concluded a lease contract for the instant housing with the Defendant on February 26, 2018, by setting the lease deposit of KRW 105,336,00,00, the rent of KRW 768,070, the lease period of KRW 768,070, and the lease period of KRW 768,070, March 1, 2018 to February 29, 2020.
(hereinafter “instant lease agreement.” Article 6 Subparag. 1 of the lease agreement prepared at the time of the instant lease agreement prohibits a lessor from transferring a right of lease or subleting a rental house to another person in violation of the Special Act on Public Housing, and Article 10(1)2 of the Special Act on Public Housing provides that a lessor may cancel or terminate a lease agreement or refuse to renew a lease agreement in cases where a lessee transfers a right of lease of a public rental housing or sublets a public rental housing unit in violation of
Around November 2018, the Plaintiff conducted a survey on the actual status of residents on the instant house, and confirmed the fact that the Defendant did not reside in the instant house and was residing by a third party, and notified the Defendant of the termination of the instant lease agreement as of December 19, 2018 and of his/her intention to surrender the instant house until February 28, 2019, but was not served as a closed door absence. As such, the Plaintiff notified the termination of the lease by serving a duplicate of the instant complaint on the Defendant on August 7, 2019.
[Reasons for recognition] According to Article 49-4 of the Special Act on Public Housing, a lessee of public rental housing may not transfer his/her right of lease to another person or sublet public rental housing to another person: Provided, That this shall not apply to work, occupation, treatment of diseases, etc.