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(영문) 수원지방법원성남지원 2014.01.14 2013가단208714
부당이득금
Text

1. As to KRW 41,478,047 and KRW 38,650,365 among them, the Defendant shall pay to the Plaintiff the year from April 11, 2013 to January 14, 2014.

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 such cases, 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%.

C. (i) On March 2006, the Defendant calculated the lease deposit and the rent for the instant rental apartment, as follows, pursuant to the former rental housing-related laws and regulations, and publicly announced the contents of the lease deposit and the rent with respect to the instant rental apartment with the approval of the invitation of occupants from the Sungnam market.

㈎ 피고는 구 임대주택법 시행규칙 제3조의3 및 표준건축비 고시의 기준에 따른 건축비와 택지비를 바탕으로 임대면적별 건설원가를 산출한 다음, 구 임대주택법 시행령 제12조 제2항 및 이 사건 고시 제2조에 의하여 표준임대보증금을 산정하였는데, 그 산정 내역은 아래와 같다.

[Calculation Details of Standard Rental Deposit] (Amount: Won; hereinafter the same shall apply) Rental Deposit Rate of National Housing Fund 80.0.

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