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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Around 2010 and 2012, the Defendants entered into a lease agreement with an international trust company (trustee, hereinafter “international trust company”) and Kimpo-si, setting the term of lease on the relevant apartment in the attached list as five years from the beginning date of the first occupancy designation period, and entered into a contract to add or modify some of the following matters.
(hereinafter “The instant lease agreement”). At the time of the conclusion of each of the above lease agreements, the Plaintiff was a consigned executor, and the Heavy Construction Co., Ltd., as a contractor, signed and sealed each of the lease agreements.
B. Of the terms of the instant lease agreement, the part pertaining to the instant case is as follows.
Article 10 (Refund of Rental Deposit) (4) In the event that a lessee obtains a loan from a lending institution through a credit extension of intermediate payment (5% of the first rental deposit), and a cause for loss of interest due to overdue interest, etc. occurs from the relevant institution, the entrusted executor and the Si Corporation shall refund the loan principal, interest, and incidental expenses in advance to the lending institution and refund them to the lessee in the future, except interest (limited to interest and incidental expenses incurred after the lessee loses the benefit due) and expenses to be refunded to the lessee.
Article 3 (Transfer Price for Sale in Lots) (3) In the case of a rent out of the rental house without being converted for sale in lots at the time of conversion in lots after five years from the beginning date of the first period of designation of occupancy in lots, the amount of loan [the amount of loan is limited to 55% out of the first rental deposit, and the lessee has received a loan from an institution other than the lending institution (5%) out of the total rental deposit shall be repaid by the business entity, and the lessee shall refund the actual amount paid by the lessee.
Provided, That where there is any obligation, such as repair expenses and penalty under Article 10 (2) of the contract, it shall take precedence over the rental deposit.