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(영문) 수원지방법원 2015.07.29 2015나7395
보증금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a public institution that provides support for rental housing to the occupants of a housing after obtaining a lease agreement with a housing owner for the housing stability of the disadvantaged class, such as a recipient of basic living security, etc.

B. In accordance with the above business, the Plaintiff agreed from the Plaintiff on September 27, 201, the Plaintiff concluded a lease contract (Evidence No. 1; hereinafter referred to as “instant lease contract”) with the lessee of Gwangju-si Multi-Family Housing (hereinafter referred to as “this case”), KRW 301,00,000, and the lease deposit amount of KRW 70,000,000, and from October 12, 2011 to October 11, 2013, the Plaintiff paid KRW 3,50,000 out of the lease deposit (Evidence No. 1; hereinafter referred to as “the instant lease contract”) to the Plaintiff on the condition that the Plaintiff would pay the remainder of KRW 66,50,00,000 to the Plaintiff, and the Plaintiff would return the remainder of KRW 30,500,000,000 to the Defendant on 10,0000,0000,000,0000.

However, D actually resided in 201 before the conclusion of the instant lease agreement, and was 301 after the conclusion of the said lease agreement, but continued to reside in 201 without being a director.

E. Meanwhile, subparagraph 201 acquired E’s ownership due to the sale by discretionary auction on December 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s claim on the rescission of the lease agreement is stipulated in the lease agreement.

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