1. The plaintiff's claim is dismissed.

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

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 (hereinafter “instant apartment”) on the above land.

B. On February 20, 2009, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lease deposit 159,569,000 won, monthly rent 359,000 won, and the lease term of 10 years for the instant apartment (hereinafter “instant lease agreement”) with the Defendant, and the Defendant reported the terms and conditions of the instant apartment with the ten-year lease term for the instant apartment.

C. The Plaintiff, along with the wife F, resided in the instant apartment, and was employed in H (hereinafter “instant company”) located in Chungcheongnam-gun G from December 1, 2014 as a guard from around December 1, 2014.

The Plaintiff requested the Defendant to consent to the transfer of the right to lease of the instant apartment from November 2014, but the Defendant refused this.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In order to work for the instant company located in the Chungcheongnam-gun, the Plaintiff’s assertion ought to move his residence to the above company nearby the said company located far away from the instant apartment to the 40 kilometers in a straight line, which 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 obligated to express his/her consent to the transfer of the right of lease to the Plaintiff B.

B. Article 19 of the Rental Housing Act and Article 18 of the Enforcement Decree of the same Act provide that a lessee of a publicly constructed rental house transfers his right of lease to another person in principle.