(영문) 서울중앙지방법원 2020.09.11 2019가단5267474

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(영문) 서울중앙지방법원 2020.09.11 2019가단5267474

보증금반환

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1. The defendant's KRW 3,960,885 as well as 5% per annum from June 10, 2020 to September 11, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of a business supporting rental housing (hereinafter “instant business”) through a sub-lease contract to the occupants selected by a local government, who are eligible recipients of basic living expenses, low-income bracket, etc., who received a loan from the government and entered into a lease contract (lease contract) with the housing owner. The Defendant is the owner of the Gwanak-gu Seoul Special Metropolitan City B and C (hereinafter “instant housing”).

B. As a part of the instant project, the Plaintiff entered into a lease agreement with the Defendant on May 18, 2019, with respect to the instant housing, with a deposit deposit of KRW 90 million (the amount of KRW 4.5 million shall be paid by the occupant), the contract period from June 11, 2019 to June 10, 2021, with the lessor, the Defendant, the lessee, the Plaintiff, and the occupant D (hereinafter “the lease agreement of this case”), and on June 11, 2019, paid a deposit of KRW 85 million to the Defendant.

[Mains of the lease contract of this case] The housing of this case is leased by the government as the lease fund for residential stability of the vulnerable residential group, such as basic living recipients, low-income bracket, etc., and the plaintiff (Lessee) and lessors entered into a lease contract for the housing of this case as follows.

Article 1 (Lease Deposit and Payment Method) (2) Of the key money for lease on a deposit basis (90 million won), 4.5 million won shall be paid by the tenant who is a person eligible for support for lease on a deposit basis, and where the contract is terminated due to the failure to pay it to the lessor within the said payment period, the tenant shall bear the penalty.

Article 3 (Transfer of Housing) (1) A lessor shall deliver the house of this case to the occupant designated by the lessee by the date of the remainder payment prescribed in Article 1(1).

Article 7 (Cancellation and Termination of Contracts) Where any of the following grounds arises, the other party may cancel or terminate the contract:

2. The lessor is specified in Article 3.

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