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(영문) 광주지방법원목포지원 2016.10.27 2016가합10679
보증금반환
Text

1. The defendant's KRW 59,155,500 for plaintiffs A and E, and KRW 72,690,510 for plaintiffs B, and KRW 67,845,510 for plaintiffs C and D, respectively.

Reasons

1. Basic facts

A. On June 26, 2001, the Defendant received the approval of the business plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 32 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and decided to construct 14 H apartment units (hereinafter “H apartment”) with 802 households, a public rental house, on the land of 30,963 square meters of land in Sejong-si, by receiving the funding from the National Housing Fund, and to construct a 14-dong unit on November 28, 2001.

B. After that, the defendant entered into a lease contract with the winner upon receiving an application for occupancy according to the above public announcement of invitation. Among them, the contract details with the plaintiffs are as listed below.

(hereinafter referred to as “rental housing” as indicated in the table below. On the other hand, lease deposit for each of the instant rental housing has increased annually. The lease deposit for each of the instant rental housing is as listed in the table “Deposit” column in the annexed Table 1.

(hereinafter referred to as “each of the lease deposits in this case”). Serial contractor Nos. 1 A H apartment 106, 1503, 110, 902, 32 December 3, 2001, 113, 113, 1303, 114, 1102, 13 December 13, 201, 201, 4 December 4, 2001, hH apartment 113, 1303, 303, hH apartment 114, 1102, h apartment 13, 203, 22.

Upon completion of the new construction of H apartment, the Defendant completed the registration of initial ownership on August 28, 2003, and completed the registration of initial ownership on the whole apartment, and provided the whole apartment as joint collateral against the National Housing Fund, thereby completing the registration of creation of a neighboring mortgage amounting to KRW 40,531,400,000 in the future of the National Bank of Korea (hereinafter “National Bank”).

The above joint collateral is with the content of dividing the maximum debt amount by each divided building of H apartment on May 19, 2008.

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