1. The defendant shall receive KRW 16,519,250 from the plaintiff, and at the same time, shall be the building indicated in the attached Table to the plaintiff.

This case is a case where the Plaintiff, a lessor, seeks delivery of a building against the Defendant, who is the lessee of the first floor shop, and the Defendant, a lessee, seeks damages against the Plaintiff, a lessor on the ground of inundation of the leased building water leakage. This case is related to the case of this court 2019Da130989.

1. Facts of recognition;

A. On March 2015, the Defendant (a lessee, and a lessee; hereinafter referred to as “Lessee”) operated the sales store in the name of “C” by setting the lease deposit amount of KRW 15 million from the Plaintiff (a lessee; hereinafter referred to as “leased”) as the attached list (the first floor of the building; hereinafter referred to as “first floor store”) owned by him/her, KRW 850,000 per month (the 23-paid on March 23, 2015), and KRW 850,000 per month from March 23, 2015 to March 2017.

B. While the lessee of the instant Eastern Accident was in arrears with monthly rent but the said lease was renewed on March 2017, which was the expiration date, the said lease was flooded (hereinafter “instant East Accident”), the old PPP pipe water, which was buried on the wall surface of the shower room of the third floor of the instant building, and on the surface inside the floor of the instant building, which was located on February 2018, became flooded (hereinafter “the instant Eastern Accident”), due to the said wave, the lessee’s water flow out at the 1st floor of the first floor store of the lessee, and the amount of damages for the flooded goods is equivalent to KRW 19,159,250.

On the other hand, in February 2018, the second floor store of Nonparty D leased and operated the restaurant even before the occurrence of the instant Dong wave accident, there was an accident of Dong wave on two occasions.

In other words, on October 2016, the above D entered into a lease agreement with a lessor to lease the second and third floors for two years, and operated a national water shop, but the funeral service was closed on April 2017, which was not well-known, and was still in the remainder of the lease term, and was living in the area of Gwangju City as Gyeonggi-do, while leaving the second and third floors as they remain as they remain. However, the above D was working in the area of business.