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1. The defendant agrees to transfer the right of lease of F and G to D (E) in Sungnam-si, Sungnam-si.
Reasons
1. Presumed factual basis
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 21,437 square meters of Sungnam-si H block from the Sungnam-si market, and constructed I apartment (hereinafter “instant I apartment”) on the ground of the above land.
B. On May 17, 2006, the Plaintiff entered into a lease agreement with the Defendant regarding the instant I Apartment-dong L (hereinafter “instant apartment”) (hereinafter “instant apartment”) which is a publicly constructed rental house (hereinafter “instant apartment”), with a deposit of KRW 215,687,00, monthly rent of KRW 494,00, and the lease term of KRW 10 (hereinafter “instant lease agreement”).
The Plaintiff reported the terms and conditions of the lease on the instant apartment with the ten-year term of the lease contract.
C. The Plaintiff resided in the apartment of this case with her husband and her children, and moved to the present place of residence around August 2014 and resides with her family members at the same domicile.
The Plaintiff requested the Defendant to consent to the transfer of the right to lease of the apartment of this case from March 2014, but the Defendant refused this.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, Eul 1, the purport of the whole pleadings
2. To make entries in the attached statutes concerned;
3. Summary of the parties' arguments;
A. The Plaintiff’s relocation of the residence due to the Plaintiff’s work, etc. constitutes exceptional grounds for transferring the right of lease under the Rental Housing Act and subordinate statutes.
(1) A dispute. Although the defendant expresses his/her intention to terminate the lease agreement, the plaintiff may transfer the right of lease without complying therewith.
(2) If the Plaintiff transfers the right of lease, the assignee does not need to be specified, and thus the assignee does not request the Defendant to consent to the transfer of the right of lease without specifying the assignee.
(3) The plaintiff is the main claim of the dispute.