beta
(영문) 서울중앙지방법원 2018.05.24 2017나72029

부당이득금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, on November 30, 2012, publicly announced that 550 rental housing units will be constructed in installments in F in Gangnam-gu Seoul Metropolitan Government, Cdong, and Ddong-won E Bogeumjari Housing District (hereinafter “instant project district”) and that the recruitment of occupants was publicly announced as follows:

(1) Lease period: The lease period of this house shall be two years, and if a lessee wishes to reside continuously, the lease contract shall be renewed on a two-year basis only to a person who meets the requirements for occupancy prescribed by relevant Acts and subordinate statutes, such as the Rental Housing Act. < Amended by Presidential Decree No. 1357, Jul. 31, 199; Presidential Decree No. 2483, 78,995; Presidential Decree No. 26,300, 26,300; 26, 395 79. 6. 15. 4. The lease period shall be renewed on a two-year basis; Presidential Decree No. 25500, Oct. 26, 1994; Presidential Decree No. 20658, Feb. 26, 395; Presidential Decree No. 20655, Feb. 8, 200; Presidential Decree No. 25065, Feb. 4, 2008>

B. On March 5, 2013, the Plaintiff and the Defendant, and the instant project district Nos. 502 and 951 (Tin: 84C), set a lease deposit of KRW 78,995,00 (which shall be paid by the Plaintiff to the Defendant within the period designated for occupancy) and a monthly rent of KRW 79,000 (hereinafter “instant lease agreement”).