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(영문) 광주지방법원 2017.05.11 2016가단523700
보증금반환
Text

1. The Plaintiff:

A. The Defendant Marine Service Co., Ltd.: KRW 50,000,000 and its amount from June 15, 2016 to April 22, 2017.

Reasons

1. Demanding the transmission of the defendant corporation to the defendant corporation

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant A;

A. (1) The Plaintiff entered into a lease agreement with the housing owner and sub-leases it to the occupants for the purpose of stabilizing the residential life of the socially vulnerable groups, such as the basic livelihood recipients.

(2) On October 12, 2012, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with the occupant A and paid 50 million won deposit to the Defendant, with respect to the North-gu building B, 305 apartment houses (hereinafter “the instant real estate”) in a mining area owned by the Defendant Maritime Co., Ltd. (hereinafter “Defendant Maritime Service”); and the collective housing (hereinafter “instant real estate”); and from November 1, 2012 to October 31, 2014, the Plaintiff entered into a lease agreement with the occupant A (hereinafter “the lease agreement of this case”);

The Plaintiff obtained a fixed date on October 25, 2012 with respect to the instant lease contract, and entered into an extension contract with Defendant Maritime Affairs and the instant lease contract, which extended by October 31, 2016, on November 3, 2014.

(3) On the other hand, around October 12, 2012, the Plaintiff entered into a lease agreement for a lease of a house for lease (existing house) (hereinafter “lease agreement”) with Defendant A, who is a person eligible for support on the instant real estate, by setting the deposit amount of KRW 50 million (2.5 million for occupants), monthly rent of KRW 79,550, and the lease period from November 1, 2012 to October 31, 2014.

(4) According to Article 7 of the instant sub-lease contract, Defendant A, an occupant, maintains the requirements for opposing power by actually residing in the instant real estate during the period of the instant pre-lease contract and maintaining the resident registration, and where the Plaintiff, a sub-lease, lost opposing power during the contract period, resulting in damage, such as failure to refund the deposit from Defendant Maritime Aviation, etc., the Plaintiff shall compensate the entire amount of the damage.

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