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(영문) 광주지방법원 2017.09.07 2017가합53106
임대차보증금
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, 1/2 shall be borne by the Plaintiffs, and the remainder by the Defendant.

Reasons

1. Basic facts

A. A. On February 6, 2002, the Defendant obtained the approval of the project plan that constructs four apartment units, a public rental house, 365 units of apartment units, on the 17,703 square meters of land, from the Sinpo City, Sinpo City, and made a public announcement of the invitation of occupants on June 14, 2002.

B. (1) The Plaintiffs entered into a lease agreement (hereinafter “each of the instant lease agreements”) with the Defendant to lease “(i) the relevant apartment (hereinafter “each of the instant apartment”). The lease deposit of each of the instant lease agreements was finally renewed several times, and the Plaintiffs paid each of the respective lease deposits to the Defendant.

Standard Lease Agreements (Evidence A 2)

4. Where a lessor or a lessee falls under any of the following cases, he/she may adjust the rental deposit, rent, management fee or user fee and the payment for rent:

Provided, That the adjustment of lease deposits and rents shall not violate the provisions prescribed by the Rental Housing Act and the Housing Lease Protection Act.

1. When there are changes in prices or other economic conditions;

2. Where it is necessary to adjust terms and conditions of lease among the housing leased by a lessor, or between the rental houses in a neighboring similar area;

3. Article 11 (Return of Lease Deposit) (1) If the value of a rental house, incidental facilities and a site is remarkably changed, the lessee shall simultaneously refund the deposit to the lessor because the contract has been terminated, terminated, or terminated, so that the lessee may order the lessor to perform the house;

Article 12 (Sale of Rental Housing) Where the said house constitutes the rental housing under Article 9 (1) and (3) of the Enforcement Decree of the Rental Housing Act, a lessor shall sell it under the following conditions:

1. The sale time of the above house shall be five years after the end of the first designation period for occupancy;

2. The above rental housing;

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