건물
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for this part of the judgment of the court concerning the cause of the claim is as stated in the corresponding part of the reasoning of the judgment of the court of first instance (1. judgment as to the cause of the claim). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure
2. Determination as to the defendant's assertion
A. The defendant asserts that the termination of the lease contract of this case by the plaintiffs on the grounds of the defendant's unpaid rent is unlawful, since the defendant could refuse to pay rent for the period during which the plaintiffs could not use or benefit from the building of this case because they failed to resolve the leakage problem of the building of this case.
Since the duty of the lessor to allow the use and profit-making of the object in the lease agreement and the duty of the lessee to pay the rent for the leased object are in conflict with each other, if the lessee is unable to use the object at all due to the lessor’s failure to perform his/her duty to allow the use and profit-making of the object, the lessee may refuse to pay the rent in whole. However, if the use and profit-making of the object is partly hindered, the lessee may refuse to pay the rent in whole to the extent that such failure may not be avoided.
(See Supreme Court Decision 96Da4478, 44785 delivered on April 25, 1997, etc.). According to the results of appraisal by appraiser F, the building of this case was completed on January 2008, and the building of this case was completed after the lapse of time, such as the cracks of the rooftop floor and waterproof floors, the poor treatment of water sprinklers such as the fall short of the upper part of the installation of the outer wall, the separation of the outer wall windows, the defect that occurred prior to the moving of the defendant, and the defect that occurred before the moving of the building of this case, i.e., the lease agreement of this case, etc. of this case.