2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On September 23, 2014, the Plaintiff leased the lease deposit amount of KRW 70 million, monthly management expenses of KRW 100,000 (including water supply, Internet, joint electricity, heating, and electricity charges separately), and the lease period of KRW 100,000 (excluding electricity charges), from October 31, 2014 to 24 months, among the eight-story buildings located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, where the Defendant jointly owned with C (hereinafter “instant real estate”).

B. The Plaintiff paid KRW 70 million to the Defendant, and occupied the instant real estate on October 31, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is obligated as a lessor to maintain the real estate of this case, which is the object of lease, in a state necessary for the use and profit-making during the term of lease. Accordingly, if there is any defect in the real estate of this case, the defendant

The real estate of this case is in danger of theft, fire risk exists due to defects such as shortage of water use, failure to attach the studio gate to the front floor of the building, defect in the electronic recognition system of the entrance door of the building, defect in the boiler room, waste leaving the boiler room, the occurrence of hot water in boiler, defect in the hallway cleaning, etc., and it is necessary to repair or improve the plaintiff's life due to inconvenience in the plaintiff's living. However, the defendant did not perform its repair duty properly.

Due to the Defendant’s nonperformance of the above repair obligation, the Plaintiff suffered from mental suffering due to stress caused by exposure to dangerous situations and inconvenience. As such, the Defendant shall compensate the Plaintiff for damages with KRW 15 million and damages incurred therefrom.

B. (1) Article 623 of the Civil Act provides, “The lessor is obligated to deliver the object to the lessee and to maintain the conditions necessary for the use and profit-making during the duration of the contract.” As such, the lessor’s obligation to repair the leased object is stipulated.

On the other hand, Article 624 of the Civil Code is applied.