임대차보증금반환 등 청구의 소
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, as it is, except for the following changes and additions.
(It is not different from the fact-finding and judgment of the first instance court even in light of the evidence additionally submitted by the plaintiff in the trial). 2. Matters modified
o. According to the first instance court's decision No. 21, "(in relation to this, the Plaintiff's implementation of the instant septic tank repair work constitutes a case where the lessor performed the act of preservation against the lessee's will pursuant to Article 625 of the Civil Code, and the Plaintiff's act was unable to achieve the purpose of the lease agreement which the Plaintiff intended to operate in the instant building due to the Defendant's act, and thus, the instant lease agreement was lawfully terminated in accordance with the Plaintiff's notice of termination. However, in order to terminate the lease agreement pursuant to Article 625 of the Civil Code, the lessor's act of preservation against the lessee's will is insufficient, and thus, constitutes "when the lessee is unable to achieve the purpose of the lease". This means a case where there are objective circumstances where it is deemed difficult for the lessor to continue the lease agreement. Considering the above circumstances, the evidence alone submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff could not achieve the purpose of the lease agreement of this case due to the instant septic tank construction work."
3. Additional determination on the plaintiff's conjunctive claim
A. Even if the instant lease contract was not lawfully terminated due to the Plaintiff’s notice of termination on home, the Defendant terminated the instant lease contract upon the expiration of the period.