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1. The judgment of the court of first instance is modified as follows.
The defendant shall provide real estate listed in the attached list from the plaintiff.
Reasons
1. Facts of recognition;
A. On May 20, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the attached list owned by the Defendant (hereinafter “instant housing”) with the lease deposit of KRW 15 million, monthly rent of KRW 250,000,000, and the lease deposit was paid from May 20, 2017 to May 19, 2019, and thereafter resided in the instant housing from that time.
B. After that, on July 5, 2017, the Plaintiff and the Defendant concluded a lease contract with the lease deposit of KRW 10 million, monthly rent of KRW 300,000,000, and the lease term of May 19, 2019. Accordingly, the Defendant returned the deposit amount of KRW 5 million to the Plaintiff.
C. On December 20, 2017, the Plaintiff and the Defendant concluded a lease contract with the lease deposit of KRW 8 million, monthly rent of KRW 320,000,000, and the lease term of May 19, 2019 (hereinafter “instant lease contract”). Accordingly, the Defendant returned the deposit amount of KRW 2 million to the Plaintiff.
On the other hand, the Plaintiff entered into the instant lease agreement on December 20, 2017, and requested the Defendant to repair the boiler by notifying the Defendant that the boiler in the instant house does not work properly. However, the Defendant did not take any measures, such as failing to check the boiler condition.
E. From December 20, 2017 to February 3, 2018, weathers in the Seoul area adjacent to the instant house were 46 days in total, 31 days in which the average temperature was 31 days in that area, and the minimum temperature was 10 days in that area and 12 days in that area.
F. On February 3, 2018, the Plaintiff removed the boiler from February 3, 2018 and moved to another place on the ground that the boiler could no longer reside in the instant house in a state where the boiler was broken down properly, and on February 5, 2018, notified the Defendant of the termination of the instant lease contract for the same reason, and returned the lease deposit.