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(영문) 서울중앙지방법원 2017.08.08 2016가합555998

임대보증금반환 등

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a corporation that has been established for the purpose of acquiring, managing, improving, and disposing of real estate and for the purpose of leasing real estate on the H of Yongsan-gu Seoul Metropolitan Government and carries out the business of constructing and leasing I apartment houses (hereinafter "the apartment of this case"). The apartment of this case is a privately constructed rental house under Article 2 subparagraph 2-3 of the Rental Housing Act and can be converted for sale after the lapse of five years from the date of commencement of lease

B. The Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease period as five years from the beginning date of the occupancy designation period as follows. The Plaintiffs paid the Defendant the full lease deposit and thereafter moved into the instant apartment on January 31, 201, which is the starting date of the occupancy designation period.

(1) The Plaintiff’s first lease contract was concluded at the time of the initial contract, but the monthly rent was increased by 00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,006,00,006,00,00,000,000,00,000,000,000,000,000,000,000,000,357,000,000,000,0003333,00,003 C33,003,00,003,00,003,00,000,00,00,000,08,084,06,06,06,084,208

C. The relevant contents of the instant lease agreement are as follows.

▣제3조(연체료) 원고들은 제1조의 규정에 의한 임대보증금을 이자 없이 피고에게 납부하여야 하며, 제1조 제2항의 납부약정일까지 납부하지 아니하는 경우에는 은행법에 따른 금융기관으로서 가계자금 대출시장의 점유율이 최상위인 금융기관의 일반자금대출 최저...