건물인도 등
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. Prior to the amendment by Act No. 8852 of February 29, 2008 of the former Rental Housing Act, enacted to promote the construction of rental housing and promote the stability of national housing life;
(hereinafter the same shall apply.
Current is succeeded to a special law, etc. on private rental housing.
(1) Article 14(1) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 20722, Feb. 29, 2008) (amended by Presidential Decree No. 20722, Feb. 29, 2008) was enacted upon delegation by a rental business operator to set the standards for the terms and conditions of lease, such as qualifications for, method of, and security deposits
(a) The same shall apply;
(1) Article 12(1) of the Housing Act provides that the first rental deposit and rent for publicly constructed rental housing under Article 16 of the Housing Act shall not exceed the standard rental deposit and standard rent determined and publicly notified by the Minister of Construction and Transportation (Article 12(1)); and the announcement of the standard rental deposit and standard rent for rental housing (wholly amended by the Ministry of Construction and Transportation No. 2004-70, Apr. 2, 2004) stipulates that the lease agreement between the lessee at the time of lease shall be made to increase either the standard rental deposit and standard rent and to reduce the other amount according to certain standards.
As such, the provision that sets the upper limit of rental deposits and rents for publicly constructed rental houses should be viewed as the effective provision that limits the effects of judicial agreements in violation of the provision in light of the purpose of enactment and legislative intent
In addition, the term "user's consent" as stated in the notification of the Ministry of Construction and Transportation means that a person who intends to be supplied with a rental house may choose whether to mutually convert the amount under the circumstances in which the rental contract can be concluded with the standard rental deposit and the standard rent.