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(영문) 서울고등법원 2012.11.30 2011나97821
부당이득금
Text

1. Part on Plaintiff (Counterclaim Defendant) among the judgment of the first instance, and a list of Plaintiffs 4, 22, 27, 31, 32, 33, 35, 42, 43, 69, 69.

Reasons

1. The contents to be explained in this part of the developments leading to the conclusion of the instant lease agreement are the same as the part concerning “1. Basic Facts” among the grounds of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420

The summary is that the defendant, as a rental business operator who newly constructed C Rental Apartment which is a public rental housing site development zone (hereinafter “instant apartment”) in Seongbuknam G Housing site, recruited the difference under the terms and conditions of conversion deposit and conversion rent (in lieu of receiving rental deposit more than the standard rental deposit, an amount calculated by the rate of 3.45% per annum with a maturity of 1 year and the difference as calculated by the rate of 3.45% per annum with a maturity of 1 year; hereinafter “the conversion terms”) and the plaintiffs concluded a lease agreement (hereinafter “the instant lease agreement”) and paid all the rental deposit under the conversion terms and conditions presented by the defendant according to the tenant recruitment announcement.

2. Legal principles concerning the terms and conditions of rental housing and the plaintiffs' assertion

A. Article 12(1) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975, Mar. 27, 2007) provides that the initial rental deposit and rental fee for rental housing shall not exceed the standard rental deposit and standard rental fee determined and publicly notified by the Minister of Construction and Transportation. Accordingly, the term “the former standard rental deposit and standard rental fee (wholly amended by the Ministry of Construction and Transportation No. 2004-70, Apr. 2, 2004; hereinafter the same shall apply in this case’s notice”) set the standard rental deposit and standard rental fee in the former rental housing (wholly amended by the Ministry of Construction and Transportation No. 2004-70, Apr. 2, 2004) and the rental deposit and rental fee shall be mutually converted

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