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(영문) 수원지방법원 2020.02.20 2019나77088
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On May 30, 2018, the Plaintiff and the Defendant leased (hereinafter referred to as “instant leased”) KRW 30 million, monthly rent of KRW 1.5 million, and the period from September 4, 2018 to September 3, 2020, the Plaintiff and the Defendant agreed on the lease of the said leased object (hereinafter referred to as “instant leased object”).

(hereinafter “Lease of this case”). (b)

After paying the above lease deposit to the Defendant on September 4, 2018, the Plaintiff occupied the leased portion and started real estate brokerage business by making it an office.

C. On October 8, 2018 and December 16, 2018, the Plaintiff expressed to the Defendant that the lease of this case was terminated on the ground that the flood caused by water leakage in the instant leased part occurred by content-certified mail, and that the leased object cannot be used normally, and the said mail was served to the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including, if any, a satisfy), the purport of the pleading before oral argument

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff could not engage in normal business activities due to repeated leakages on the ceiling and the wall from September 15, 2018 to October 15, 2018 when the Plaintiff entered into the instant lease agreement and around September 4, 2018.

As such, the plaintiff could not use or make profit from the above leased portion. Therefore, the above lease is terminated on the ground of the defendant's default and the return of the lease deposit is sought.

B. The lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease is in existence.

Article 623 of the Civil Act (Article 623 of the Civil Act). In addition to the descriptions of the evidence Nos. 1 and 2-1 and 2, the purport of the argument is as follows: (a) the Plaintiff moved into the leased property of this case from September 15, 2018.

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