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(영문) 의정부지방법원 2016.12.09 2016나56107
임대차보증금 반환 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. A lessor based on the fact: A tenant of the Gyeonggi-do Urban Complex: Plaintiff 1 (the deposit for lease on a deposit basis and the method of payment) (1) The deposit for lease on the instant house shall be KRW 80 million, and the down payment of KRW 4 million shall be paid up to October 16, 2015, and the remainder of KRW 76 million shall be paid up to December 4, 2015;

(2) Among the deposit for lease on a deposit basis under paragraph (1), four million won shall be paid by an occupant who is a person eligible for support for lease on a deposit basis, and where a contract is terminated due to a failure to pay it to the lessor within the payment deadline set forth above, the occupant

Article 2 (Term of Contract) The term of contract shall be December 4, 2015 to December 3, 2017.

Article 3 (Transfer of House) (1) A lessor shall deliver the house of this case to the occupant designated by the lessee (person eligible for support for rent-to-rent rental house) by the date of the remainder payment under Article 1(1)

(2) Upon entering into a contract, a lessor shall notify the tenant designated by the tenant of the condition of the house or any defect in the facilities, and repair the house in such a state as suitable for the tenant to reside, and then deliver it.

Article 4 (Management, etc. of Housing) (1) Where a tenant requests repair due to a defect in a house without any negligence of the tenant, the lessor shall promptly repair the house.

(4) When a dispute arises due to a defect in a house itself or a defect in the use of a house, the dispute shall be resolved directly between the lessor and the occupant.

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

3. Where a lessor fails to deliver a house by the date specified in Article 3 (1), or fails to perform his/her duty to pay remuneration under Articles 3 (2) and 4 (1), the lessor shall pay the full amount of the deposit for lease (including the share of the tenant) to the lessee where the contract expires or the contract is terminated under Article 7;

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