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(영문) 서울고등법원 2017.05.16 2016나2001135

채무부존재확인

Text

1. Of the judgment of the first instance, the part on the remainder of the Plaintiff (Counterclaim Defendant) except the Plaintiff CW is interested.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Under Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Defendant newly built the instant rental apartment with the approval of the project plan for the construction of the publicly constructed rental house from the Minister of Construction and Transportation at the time, and with the approval of the invitation of occupants from the Sungnam market on March 28, 2006, publicly announced the invitation of occupants, and newly constructed the EK rental apartment 9, 585 households (hereinafter “the instant rental apartment”).

B. The Defendant publicly announced the initial rental deposit and the initial monthly rent (hereinafter “the initial rental deposit”) as shown in the table 1 as follows. This is based on the amount calculated by applying the standard rental deposit and the standard rent pursuant to the attached Table 5 (hereinafter “instant relevant statutes”) at the rate of 3.45% per annum with a maturity of 1 year fixed deposit interest rate of 3.45% per annum. The difference is determined higher than the standard rental deposit, and the amount calculated by applying the interest rate of 3.45% per annum to the standard rental deposit is reduced from the standard rent; hereinafter “transfer rental deposit and the converted rent”).

171,747,000 square meters (23B square) 171,747,000 413,000 413,550 109.55 square meters (33A square meters) 239,735,000 583,00 583,00 5829 242,666,000 m29 m29 m29 (3B square) 168,430,000 m242,66,000 m29 m29 m29 (3B mp)

C. Standard rental deposit and standard rent for the rental apartment of this case are calculated in accordance with the construction cost of the rental apartment of this case as well as the construction cost of the rental apartment of this case and approved by the Sungnam City in accordance with the relevant Acts and subordinate statutes of this case as listed below:

The standard rental deposit for each household area shall be the standard rental deposit.

참조조문