1. Revocation of a judgment of the first instance;

2. The defendant shall pay KRW 5,000,000 to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On October 8, 2012, the Plaintiff entered into a lease agreement with the Defendant on the condition that the second floor office 116.38 square meters (hereinafter “instant building”) among the buildings listed in the attached list is leased with a deposit of KRW 5 million, monthly rent of KRW 300,000,000 from October 9, 2012 to October 8, 2014 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid a deposit of KRW 5 million to the Defendant and received delivery of the instant building from the Defendant.

B. The instant building is divided into a room 2 partitions, a kitchen, and a laundry room, and the Plaintiff used it for residential purposes.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The plaintiff alleged by the parties that the contract of this case was terminated by the declaration of termination on the ground of the above repair obligation. The defendant asserts that the contract of this case was obligated to return deposit KRW 5 million to the plaintiff, and that the defendant fulfilled all the repair obligation as a lessor.

B. In determining a lease agreement, a lessor is obligated to maintain conditions necessary for the use and profit-making of the leased object (hereinafter “leased’s duty to repair”) and the lessor is obligated to repair the leased object (Article 623 of the Civil Act). Therefore, in the event of a damage or impairment to the leased object, the lessor is not obligated to repair if it is so minor that the lessee can easily and easily repair the leased object without any separate expense, and it is not sufficient to interfere with the lessee’s use and profit-making. However, if it is not sufficient to prevent the lessee’s use and profit-making, the lessor is obligated to repair the leased object.