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(영문) 서울고등법원 2017.02.08 2016나2045890
보증금반환
Text

1.The judgment of the first instance shall be modified as follows:

The counterclaim Defendant 1,724,965,439 won and this.

Reasons

1. Basic facts

A. The plaintiff is a rental business operator of Yongsan-gu Seoul Metropolitan Government, and the above B apartment is a privately constructed rental house as stipulated in Article 2 of the Rental Housing Act, and can be converted for sale at the lapse of five years from the commencement date of lease, which

B. On April 28, 2009, the Plaintiff entered into the instant lease agreement with the Defendant for five years from the beginning date of the occupancy designation period, which is the lease obligation period, with respect to B apartment Nos. 123 and 1001 (attached Form 1; hereinafter “the instant apartment”).

C. The main contents of the instant lease agreement relating to the instant case are as follows.

Article 1 [Rental Deposit / Payment Method / Rent and Payment Method / Lease Term] (4) "B" (the defendant who is a lessee; hereinafter the same shall apply) shall pay the rent for the month by the end of each month, and if he/she fails to comply with this, he/she shall pay the overdue amount in addition to the late payment charges under

Article 3 (Late Payment) "B" shall pay the rental deposit referred to in Article 1 to "A (a) without interest," and if the payment is not made by the date of the payment agreement referred to in Article 1 (2), the late payment shall be made by adding the late payment charges calculated by applying the minimum overdue rate for general loan loans of financial institutions under the Banking Act, the market share of the household funds loan market as a financial institution under the Banking Act is the highest.

Article 7 (Change in Terms and Conditions of Lease, etc.) (1) "A" and "B" may adjust the rental deposit, rent, management fee, user fee or payment for installments in any of the following cases:

However, the adjustment of lease deposit and rent (hereinafter referred to as "lease, etc.") shall not violate the provisions prescribed by the Rental Housing Act and the Housing Lease Protection Act, and the request for increase of rent, etc. under Article 2 of the Enforcement Decree of the Housing Lease Protection Act shall be made.

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