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(영문) 부산지방법원 2021.02.05 2020나46103

양수금

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The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Basic facts

A. The Plaintiff is a company whose main purpose is the financial business and the collection of claims.

The defendant is the owner of the Busan Yeongdeungpo-gu apartment C apartment unit D.

B. On October 21, 2013, the Defendant ( lessor), the Korea Land and Housing Corporation, and E (occupant) entered into a lease agreement on the lease of real estate (hereinafter “the lease agreement in this case”) with respect to the said real estate. The lease deposit amount is KRW 30 million, and E, who is the occupant, paid KRW 1.5 million among them, and the remainder of KRW 28.5 million to the Defendant as subsidies from the Korea Land and Housing Corporation.

(c)

The main contents of the instant lease agreement are as follows.

Article 2 (Period of Lease) The period of lease between October 30, 2013 and October 29, 2015 shall be from October 30, 2015.

Article 3 (Delivery of Housing) (1) A lessor shall deliver a house indicated by the date of the remainder payment prescribed in Article 1 (1) to an occupant designated by the lessee (persons eligible for support for rental housing on a deposit basis).

Article 6 (Renewal of Contract) Where a lessor does not want to renew a contract, he/she shall notify the other party of the termination of the contract from six months to one month before the expiration of the lease term, and the lessee shall notify the other party of the termination of the contract by one month before the lease

Provided, That if both parties have not made any separate declaration, the contract shall be deemed to have been concluded again under the same conditions as previous ones.

Article 8 (Refund of Taxes, Compensation for Damages, etc.) (1) Where the contract expires or the contract is terminated or terminated pursuant to Article 7, the lessor shall return the full amount of the deposit money (including the occupants' charges) to the lessee by having the lessee deposit it into the lessee's bank account, and the tenant shall deliver the house marked as the deposit money to the lessor at the same time as the lessee receives the deposit money.

Provided, That where the tenant consents, the lessor may directly return all or part of the tenant's contributions under Article 1 (2) to the tenant.

(d)

The Plaintiff on August 17, 2017 to F, the wife of E, 200,000 won per annum 27.9%, and August 9, 2019.