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(영문) 서울동부지방법원 2015.12.18 2015가합2438
아파트하자보수
Text

1. The defendant shall hold the number of houses located in the main room among the internal facilities of 103 Dong-dong 1602, Namyang-si, Namyang-si, the plaintiff.

Reasons

Basic Facts

On March 3, 2015, the Plaintiff leased the instant apartment with the Defendant’s “Lease Period: from April 8, 2015 to April 8, 2017, lease deposit: KRW 30,000,000, monthly rent: KRW 950,000.”

On April 8, 2015, the Plaintiff received the instant apartment from the Defendant, and among the facilities of the instant apartment, among the facilities of the instant apartment, the number of housing units located in the main bank was found to have filled water, and the location of the instant apartment units, such as the living room, the main bank, the Twitble, and the location of the wall four before the wall was integrated into one head office.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1-1-10 and 10, and the purport of the whole pleadings are asserted by the plaintiff, the plaintiff, the tenant, is obligated to repair the lake house located in the main room so that the plaintiff, the tenant, can use the apartment of this case, and install separate locations such as the living room, the main room, the park, the table, and the wall Nos. 4.

Judgment

In the lease contract, the lessor shall be obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease is in existence (hereinafter referred to as the "leased's obligation to repair").

(Article 623 of the Civil Act). Thus, if the object is damaged or damaged, and if it is not repaired, the lessee would be prevented from using and making profits from the object according to the purpose determined by the contract, the lessor shall bear the duty of repair.

Such a lessor’s duty of repair is recognized to the extent necessary to allow the lessee to use and benefit from the subject matter in accordance with the purpose of the lease, barring any special circumstances. Whether it constitutes an obstruction of use and profit-making which may cause a lessor to repair the subject matter, depending on specific matters, depending on the type and use of the subject matter, the scale and degree of impairment or impairment of the subject matter, the degree of the impact on the use and profit-making of the subject matter, whether it is easy to repair the subject matter,

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