임대차보증금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
On September 22, 2009, the Plaintiff entered into a lease agreement with the Defendant under which the lease deposit is set at KRW 22,00,000, and the lease term is set at from October 8, 2009 to October 8, 201 (hereinafter “instant lease agreement”) with respect to the leased house listed in the attached list (hereinafter “instant leased house”), and received the instant leased house after paying the lease deposit to the Defendant.
On June 20, 2013, the Plaintiff sent to the Defendant a content-certified mail to the effect that the lease contract was terminated on the ground that the Defendant did not perform its repair for the water leakages occurred in one room and one station among the leased houses of this case, the re-establishment of and damages to the shamper that was damaged at the time due to the wall leakages, the water rates additionally borne due to the delay in repair of the water supply center where water leakages occurred, and the separate installation of each household of the electric measuring instruments. At that time, the above content-certified mail was served to the Defendant.
[Ground of recognition] The Plaintiff asserts that the lease contract of this case is terminated on the ground that the Defendant did not perform the duty of repair of the lessor, even though there was an accident that fell into the body of the Defendant and the Cung on May 4, 2013, which fell into the body of the leased house of this case, due to water leakage occurred in the main room of the leased house of this case located below the above floor from the lessee's moving into the upper floor of the leased house of this case on September 3, 2012, although there was an accident that fell into the body of the Defendant and Cung on May 4, 2013, which was attached to the wall of this case.
The duty of repair of a lessor is divided into cases where it is impossible to repair a lessor and cases where it is possible to repair a lessor, and in cases where it is impossible to repair a lessor, the lessee can terminate the contract immediately because it constitutes an impossibility of performance, while the lessee can repair a lessor.