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(영문) 서울고등법원 2013.03.21 2011나96897

부당이득금

Text

1. The judgment of the court of first instance, including the plaintiff's claim for principal lawsuit extended in the trial of the court of first instance.

Reasons

(b) An amount equivalent to 20/100 of the interest applied (2) the mandatory rental period is 10 years (hereinafter referred to as “rental housing for 10 years”);

Article 4 (Mutual Conversion of Rental Deposit and Rent) of the amount corresponding to the interest amount calculated by deducting the Fund and the first rental deposit from the cost of construction of the house in question.

(a) Rental deposits and rents may be mutually converted if the lessee agrees in the lease contract, and in this case, the interest rate on the converted amount shall apply to the fixed deposit interest rate at the time of conversion;

(b) Where rental deposit is converted mutually, the first rental deposit (including conversion deposit) shall not exceed the amount obtained by subtracting the fund from the cost of construction;

Article 5 (Restriction on Change and Increase of Rental Deposit and Rent) Rental deposit and rent shall not be increased in excess of the ratio of a claim for increase of rent, etc. provided for in Article 7 of the Housing Lease Protection Act to the amount determined by this Public Notice.

* Under Article 7 of the Housing Lease Protection Act and Article 2 of the Enforcement Decree of the same Act, the increase claim rate is 5%.

On March 2006, the Defendant calculated the rental deposit and rent for the instant rental apartment and the rental deposit and the rental fee for the instant rental apartment in accordance with the former Rental Housing-related Acts and subordinate statutes and publicly announced the approved contents with the approval of the invitation of occupants from the Sungnam mayor. A) The Defendant calculated the construction cost for each leased area based on the construction cost and housing site cost in accordance with the criteria for the public announcement of the standard construction cost under Article 3-3 of the Enforcement Rule of the former Rental Housing Act and the standard construction cost, and calculated the standard rental deposit pursuant to Article 12(2) of the former Enforcement Decree of the Rental Housing Act and Article 2 of the public announcement of the foregoing case. The details

[Calculation Details of Standard Rental Deposit] (Amount: Won, hereinafter the same shall apply) Rental Area Construction Costs shall be the deposit rate of the National Housing Fund.