임대차보증금
1. All of the lawsuits filed by the plaintiff against the defendant (the defendant for retrial) shall be dismissed;
2. The costs of retrial shall be paid.
1. The facts below the basic facts do not conflict between the parties or are certain on the records. A.
The relevant Defendants of the parties share 1/2 shares of each of the five-story neighborhood living facilities in Seongbuk-gu, Sungnam-si (hereinafter referred to as "commercial building"). The Plaintiff leased all the four-storys of the commercial building from the Defendants, and operated a private teaching institute and reading room. Co-Defendant D of the first instance trial is a person who operates a postnatal care center by leasing part of five-storys of the commercial building from the Defendants.
B. The Plaintiff brought a lawsuit against the Defendants seeking the return of the lease deposit and the compensation for damages on the grounds as set forth below in the first instance court.
① Since the Defendants, a lessor, neglected the duty of repair and maintenance, thereby making it impossible for the Plaintiff to use and benefit from the leased object as a private teaching institute or reading room due to leakage occurring from the ceiling of the leased object, the lease contract shall be terminated by serving a written complaint on the Defendants.
Therefore, the Defendants shall return to the Plaintiff the money obtained by deducting the unpaid rent, etc. from November 23, 2017, where the use and profit-making of the leased object was completed at KRW 150,000,000.
(2) The Defendants, as a lessor, shall be liable for damages arising from breach of the duty to repair the leased object, or as the owner of concrete slabs (hereinafter “slives”) between the leased object and the five-story of commercial buildings. As such, the Defendants shall jointly compensate for the damages equivalent to the operating income and the expenses of directors incurred by the Plaintiff.
C. On October 19, 2019, the court of first instance rendered a judgment citing part of the Plaintiff’s claim against the Defendants on the following grounds:
① Since the Defendants failed to perform their duty to maintain and repair the leased object, a complaint containing the Plaintiff’s declaration of intent to terminate the lease agreement.