2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff terminated the lease agreement on the ground that the purpose of the lease agreement could not be achieved due to the defect in Cpenta (illegal buildings, boiler installation) as the cause of the instant claim; and (b) the Plaintiff sought the return of the deposit and rent paid to the Defendant.

3. Determination

A. Comprehensively taking account of the entire purport of the oral argument in the statement No. 8, there was a defect in the construction of the gas boiler in Cpenta, and the occurrence of accidents, such as the leakage of exhaust gas from the gas boiler on December 18, 2018, and the death of guests accommodated in Cpenta D due to the inhaled gas in the gas boiler, etc., the Plaintiff may recognize the fact that the Plaintiff delivered the key of Cpenta to the Defendant on January 23, 2019. The fact that the duplicate of the complaint of this case stating the Plaintiff’s declaration of termination was delivered to the Defendant on January 23, 2019 is apparent in the record. According to the above fact-finding, the above lease agreement became impossible to achieve the purpose of the contract due to the defect in the construction of the said gas boiler.

Since then, around January 23, 2019, the plaintiff's declaration of termination was lawfully terminated by the plaintiff's declaration of termination.

B. Therefore, the Defendant’s delivery date of a copy of the complaint sought by the Plaintiff, which is 28,387,097 won remaining after deducting the rent of KRW 21,612,90 from KRW 40,000 to January 31, 2019 (six-month 15) and the remainder of KRW 28,612,90 from KRW 40,000,000,000,000 from KRW 1,00,000,000 and KRW 28,387,097,000 from February 1, 2019, which is the following day when the Plaintiff issued the key of Cpent.