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(영문) 서울서부지방법원 2018.08.30 2018가합30320
보증금반환
Text

1. The Defendant’s KRW 263,43,499 as well as 6% per annum from January 20, 2018 to August 30, 2018.

Reasons

Basic Facts

The defendant is a company established for the purpose of acquiring, managing, developing, and leasing real estate. In Yongsan-gu Seoul Metropolitan Government, the defendant was engaged in the sale of D's brand rental housing in Yongsan-gu.

The Plaintiff is a lessee who entered into a lease agreement with the Defendant.

On May 18, 2011, the Plaintiff and the Defendant, including a lease agreement, concluded a lease agreement with the Defendant setting the lease deposit amount of KRW 2.357 million (the lease conversion amount of KRW 342.9 million) of the D Building F (the exclusive use area of KRW 233.062 square meters, hereinafter “instant housing”) located in Yongsan-gu Seoul Metropolitan Government and the Defendant’s lease contract with the Defendant as of January 31, 2016.

(hereinafter “instant lease”). The instant lease agreement includes the following:

Article 3 (Late Payment) A lessee shall pay a rental deposit referred to in Article 1 to a lessor without interest, and if he/she fails to pay it by the date of a payment agreement referred to in Article 1 (2), he/she shall pay the overdue charge calculated by applying the minimum overdue rate for general loan loans of a financial institution under the Banking Act which is a financial institution with the highest share in the household

Article 7 (Change in Terms and Conditions of Lease, etc.) (1) In any of the following cases, a lessor or a lessee may adjust the rental deposit, rent, management expenses, user fee or deposit for installments:

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 not exceed the amount equivalent to 5 percent of the rent, etc. agreed upon, and the rent, etc. shall not be increased within one year after the lease contract or agreed rent, etc. is increased.

1. There shall be changes in prices or other economic conditions;

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