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1. The defendant is paid KRW 210,000,000 from the plaintiff and at the same time, the building listed in the attached list is added to the plaintiff.
Reasons
1. The fact that the Plaintiff leased the building listed in the attached list (hereinafter “instant apartment”) owned by the Plaintiff to the Defendant with the lease deposit of KRW 210,00,000 from March 28, 2012 to March 27, 2014 (hereinafter “instant lease contract”) is without dispute between the parties. The instant lease contract was terminated upon the expiration of the lease period on March 27, 2014, and the lessee’s obligation to return the leased object upon the termination of the lease and the lessor’s obligation to return the lease deposit to the Plaintiff simultaneously perform the lease obligation. Thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff at the same time with the Plaintiff’s deposit of KRW 210,00,000,000.
2. Judgment on the defendant's defense
A. On January 14, 2014, prior to the expiration of the period of the Defendant’s assertion lease, water leakage occurred due to the destruction of floor heating pipes of the instant apartment on January 14, 2014. The lessor did not guarantee the Defendant’s residence during the period of repairing construction (the Defendant’s residence during the construction period and the cost incidental thereto) and did not perform repairing construction works.
Accordingly, the defendant suffered damages such as wintering in the apartment without heating. The plaintiff's claim of this case seeking delivery of the object of lease on the ground that the lessor did not perform his duty of repair.
B. (1) On January 14, 2014, there was an accident that caused water leakage due to the damage of floor heating pipes in the instant apartment complex residing by the Defendant and that does not lead to heating (hereinafter “instant accident”).
The apartment of this case had been repaired due to the damage of heating pipes on April 17, 2013, which was one year after the Defendant started residing (the time repair work did not exceed several days) and thereafter the second type of accident occurred.