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(영문) 서울서부지방법원 2016.08.10 2015가단210210
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 33,315,65 as well as the annual interest rate of KRW 15% from March 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing rental business operator who newly built and leased D apartment units, which are private rental housing units of 600 households in Yongsan-gu Seoul Metropolitan Government.

B. On February 27, 2009, the Plaintiff and the Plaintiff entered into a lease agreement that leases KRW 2,515,100,000, monthly rent of KRW 4,282,00 (hereinafter “instant lease agreement”) among the said apartment units (hereinafter “instant apartment”). On January 31, 2011 after the completion of the construction, the Defendant occupied the instant apartment unit on January 31, 201, and changed the term of the agreement to the effect that there was no monthly rent in lieu of increasing the rental deposit to KRW 2,943,30,000 at the time of occupancy.

(The conversion of the monthly rent into the deposit is without any change in the actual rent). The Defendant paid the entire deposit by installments before the occupancy.

C. Under the instant lease agreement, “when there is a change in water prices or other economic conditions,” and “when there is a need to adjust the terms and conditions of lease between the leased housing leased by the lessor or between the rental housing in the neighboring similar areas,” and “when there is a significant change in the value of the rental deposit, rent, management fee, rent or deposit for the use of the leased housing, or between the leased housing and its neighboring areas.

This means that "a rental business operator may claim an increase in the rental deposit or rent within the scope of Article 7 of the Housing Lease Protection Act (Article 20, Paragraph 2, etc. of the former Rental Housing Act)."

The Plaintiff notified the entire occupants of the instant apartment complex, including the Defendant, that the deposit would be increased by 5% on December 2012, 201, on the ground that “the water price or other economic conditions change.”

The above notification reached the Defendant around that time, but the Defendant paid KRW 125,70,000 equivalent to the increased portion by February 28, 2013, which is the payment period stipulated in the above notification.

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