보증금반환
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. Facts of recognition;
A. The Plaintiff is the implementer of a business that supports rental housing (hereinafter “instant business”) through a lease contract (lease contract) to the occupants selected by a local government, who are eligible for support after receiving a lease loan from the government for the stabilization of the residential life of vulnerable social groups, such as recipients of basic livelihood security, low-income, and low-income, and the owner of the real estate listed in the attached Table (hereinafter “instant housing”). The Plaintiff’s supplementary participant (hereinafter “the supplementary participant”) is the person eligible for support selected by the local government. The Defendant is the owner of the instant housing (hereinafter “instant housing”).
B. As a part of the instant project, the Plaintiff entered into a lease contract with the Defendant on August 26, 2013, setting the deposit amount of KRW 38 million with respect to the instant housing (the amount of KRW 1.9 million shall be paid by the occupant) and the lease period from September 27, 2013 to September 26, 2015 as the lessor, the Defendant, the lessee, the Plaintiff, and the Intervenor auxiliary to the Plaintiff.
(hereinafter “instant lease contract”). The instant lease contract was signed and sealed by the Intervenor, other than the Plaintiff and the Defendant, on the part of the Plaintiff and the Defendant.
The lease contract of this case contains the following provisions:
Article 1 (Lease Deposit and Payment Method) (2) 1.9 million won in the lease deposit under paragraph (1) (38.0 million won), shall be paid by the tenant who is a person eligible for support for the lease-to-rent rental housing, and if the contract is terminated due to the failure to pay it to the lessor within the said payment period, the tenant shall bear
Article 3 (Transfer of House) (1) A lessor shall deliver the house of this case to the occupant designated by the lessee by the date of the remainder payment prescribed in Article 1(1).
(2) Upon entering into a contract, a lessor shall notify the tenant designated by the tenant of the condition of the house or any defect in the facilities, and shall deliver the house in this case after the tenant has repaired it in a state suitable for residing.