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(영문) 수원지방법원성남지원 2013.01.08 2012가단5970

건물인도

Text

1. From August 27, 2010 to the completion date of delivery of the buildings listed in the Defendants’ Schedule, Defendant A on August 316.

Reasons

1. Facts of recognition;

A. On May 26, 2006, the Plaintiff calculated the rental deposit and monthly rent of the lease contract as of 246,940,000 won, monthly rent of 593,00 won, 10 years from the expiration date of the initial designation period of occupancy in the lease contract as of the end of each month, and the deposit and monthly rent of the lease contract as of the end of each month from the expiration date of the initial designation period of occupancy in the lease contract between Defendant A and the Plaintiff (amended by Presidential Decree No. 8015 of September 27, 2006), the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975 of March 27, 2007), the standard rental deposit and standard rent for the former rental housing (amended by Presidential Decree No. 2004-70 of April 2, 2004), based on the difference between the rental deposit and rent at 30% of the standard rental deposit and rent at 90% of the rental deposit at 305% per annum.45% per annum.

(hereinafter “The instant lease agreement”) was concluded.

B. On April 10, 2009, Defendant A paid the full amount of the deposit deposit under the instant modified lease agreement to the Plaintiff, and received the instant building. As of the date of closing argument of the instant case, Defendant A, an infant of Defendant A, occupies and uses the said building.

C. Meanwhile, around 2009, Defendant A entered into this court with the Plaintiff, and the instant lease agreement between the Plaintiff and Defendant A based on converted lease deposit without Defendant A’s consent, and thus, the agreement on rental deposit exceeding the standard rental deposit under the said lease agreement is null and void.