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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 27, 199, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”), and delivered the instant apartment to B around that time.
B. Article 10 of the instant lease agreement provides that “Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house to another person in violation of Article 13 of the Rental Housing Act, the lessee may cancel or terminate the instant lease agreement or refuse to renew the lease agreement.”
In addition, from January 27, 199, the Plaintiff received a separate letter from B that “it will not illegally resell or sublease the apartment of this case, and if it violates this, it will not raise an objection even to the measures such as cancellation.”
C. However, on April 1, 2002, B entered into a contract with the Defendant on the transfer of the right to lease of the instant apartment without the Plaintiff’s consent (hereinafter “instant transfer contract”). At that time, the Defendant received the instant apartment from B and resides therein.
On or around August 27, 2014 and December 18, 2015, the Plaintiff notified the termination of the instant lease agreement to B and the Defendant on the ground of the transfer of the right of lease without permission, etc., and requested the Plaintiff to deliver the instant apartment.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 4-2, 3, Gap 5, 6 evidence, Eul 1, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the lease contract of this case was lawfully terminated upon the plaintiff's notice of termination on the ground of transfer of the right of lease of this case without the plaintiff's consent, and it is evident that the defendant illegally occupied the apartment of this case as a person who acquired the right of lease from B without the plaintiff's consent. Thus, the defendant is not obliged to do so,