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(영문) 광주지방법원목포지원 2016.10.27 2016가합10631
보증금반환
Text

1. The Defendant: KRW 59,15,50,510 for each of the 70,050,510 for Plaintiff A and B, and KRW 72,690,510 for Plaintiff C and E, respectively, and KRW 72,690 for Plaintiff D and above.

Reasons

1. Basic facts

A. On June 26, 2001, the Defendant obtained approval of the business plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 32 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and decided to construct 14 802 H apartment units, a public rental house, on the land of 30,963 square meters of land in Sejong-si (hereinafter “the apartment of this case”), with a view to constructing 14 Ga-si and 802 households on November 28, 2001.

B. After that, the defendant entered into a lease contract with the winner upon receiving an application for occupancy according to the above public announcement of invitation. Among them, the contract details with the plaintiffs are as listed below.

(hereinafter referred to as “rental housing” as indicated in the table below. On the other hand, lease deposit for each of the instant rental housing has increased annually. The lease deposit for each of the instant rental housing is as listed in the table “Deposit” column in the annexed Table 1.

(2) On December 2, 2001, on December 3, 2001, the date of concluding a rental housing contract, 1 A, and 3, 2001. On July 31, 201, the Plaintiff C, the husband of the deceased, was succeeded to the status of the lease contract as to the instant apartment 109 Dong 1201 as a result of the division of inherited property among the inheritors of the deceased on December 21, 2015.

December 4, 2001 D on September 7, 2009 E on February 28, 2008

Upon completion of the new construction of the instant apartment, the Defendant completed the registration of initial ownership of the entire apartment on August 28, 2003, and completed the registration of initial ownership of the said apartment on the same day, and provided the whole apartment as joint collateral against the National Housing Fund, thereby completing the registration of the establishment of a neighboring mortgage amounting to KRW 40,531,40,000 in the future of the National Bank of Korea (hereinafter “National Bank”).

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