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(영문) 서울서부지방법원 2021.03.11 2019가단221966
보증금반환
Text

1. Defendant A, from October 31, 2020 to October 31, 2020, rendered the judgment of this case to the Plaintiff 491,246 Won and its related costs.

Reasons

1. Basic facts

A. (1) The Plaintiff is a juristic person that supports the rental housing for the purpose of stabilizing the residence of the low-income bracket under Article 3(2) of the Housing Lease Protection Act with the financial resources of the Housing and Urban Fund.

A rental housing support project for lease on a deposit basis shall prepare a form of a lease contract between a housing owner and a person eligible for support (occupants), and separately, prepare a contract form for a lease contract between a plaintiff and a person eligible for support (occupants), and then the amount equivalent to less than 5% of the lease deposit amount shall be borne directly by a person eligible for support (occupants) and the remainder of the lease deposit shall be carried out in a way that

(2) Defendant A is the owner of the 5th floor E of Eunpyeong-gu Seoul Building (hereinafter “instant housing”) and the 31.62m2 square meters (hereinafter “instant housing”), and Defendant A entered into a lease agreement on the instant housing between the Plaintiff and Defendant C pursuant to the said lease agreement.

(3) In addition, according to the above lease business, Defendant C is a person who has entered into the above lease business with the Plaintiff and Defendant A with respect to the instant housing, and is a person who has entered into the said lease business separately with the Plaintiff (occupant).

B. (1) On July 25, 2018, the Plaintiff entered into the said lease agreement with the Defendants, and on the same day, entered into the said lease agreement with Defendant C separately.

(2) The main contents of the lease agreement concluded with the Defendants are as follows.

(1) Deposit for lease on a deposit basis: 120 million won (the down payment of one million won among them shall be paid until July 25, 2018, which shall be borne by Defendant C, who is an occupant, and the remaining amount of KRW 1100 million shall be paid until August 30, 2018, and the Plaintiff, a lessee, shall be borne by the lessee).

(1) Residents' contributions: One million won (the foregoing shall apply).

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