(영문) 창원지방법원 2015.01.15 2014나31787

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.01.15 2014나31787

입주자부담금반환청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 24, 201, the Defendant: (a) between B and the Plaintiff on February 24, 2011, as part of the lease fund support project implemented by the Government for the housing stability of the housing disadvantaged group, such as the basic living beneficiaries, and the low-income bracket; (b) indicated in the separate sheet, as part of the lease fund support project; (c) indicated in the separate sheet, with respect to the size of 59.4 square meters in a ship (hereinafter “instant real estate”) connected with each of the following items, B, the lessor, the Defendant, and the Plaintiff as the lessee, and the Plaintiff as the tenant; (d) KRW 38,000,000 among them, the Defendant bears the remainder of KRW 7,00,000 and the term of lease was concluded from March 3, 2011 to March 2, 2013 (hereinafter “the instant lease agreement”).

B. On February 24, 2011, the Defendant entered into a sublease contract between the Plaintiff and the lessor and the Plaintiff with respect to the instant real estate as the lessee, and entered into a sublease contract with the same content as the instant lease contract (hereinafter “sublease contract”), and entered into a special agreement with the following terms:

Article 10 (Termination of Contracts, Compensation for Damages, etc.) (1) Where a lease contract is terminated, the lessee shall restore the house indicated to the original state and deliver it to the housing owner, and the lessor shall refund the occupant contributions prescribed in Article 3 after ascertaining that the lessee has delivered the house indicated.

(4) When the lease term expires, if the lessee's debts, such as rents in arrears, management expenses under Article 6, other public charges, etc., and the house indicated are returned in the state in which it is not restored, the lessor shall first deduct the expenses incurred in restoring the house indicated, and other damages from the expenses borne by the occupants under

C. The instant lease agreement was terminated upon the expiration of the period, and B returned KRW 38,000,000 to the Defendant on May 21, 2013.

On the other hand, B against the plaintiff.

유사 판례

-수원지방법원 안양지원 2018.03.22 2017가단109760

-인천지방법원부천지원 2019.04.18 2018가단118161

-부산지방법원서부지원 2020.05.26 2019가단105779

-부산지방법원 2021.02.05 2020나46103

-서울남부지방법원 2020.09.16 2020가단227008