1. The defendant shall pay 50,000,000 won to the plaintiff simultaneously with the delivery of real estate stated in the separate sheet from the plaintiff.

Facts of recognition

On October 3, 2018, the Plaintiff entered into a lease agreement between the Defendant with respect to the real estate in the attached Form (hereinafter “instant building”) with the lease deposit amount of KRW 50 million, the lease term of KRW 24 months from October 25, 2018 to October 24, 2020. The Plaintiff received delivery of the instant building by paying the lease deposit amount of KRW 50 million to the Defendant.

However, from January 2019, there were considerable mycoi in the wall, ceiling, etc. of the building of this case, and leakage occurred in the ceiling, wall, etc.

Since February 2019, the Plaintiff notified the Defendant of the performance of the repair obligation several times, but the Defendant did not take appropriate measures, such as leaving a visit to confirm the repair load.

On that ground, the Plaintiff notified the Defendant of the termination of the lease agreement on July 29, 2019 and August 27, 2019.

[Reasons for Recognition] The lessor is obligated to maintain the conditions necessary for the use and profit-making of the object under the lease contract, and the lessor is obligated to maintain the conditions necessary for the use and profit-making of the object under the lease contract.

(Article 623 of the Civil Act). However, it is reasonable to view that the Plaintiff could not use the instant building as a residential building even if the Plaintiff’s request did not solve the problem of myi and water leakage occurring in the instant building, and that it is difficult to use the instant building as a residential building. Accordingly, the lease contract was terminated lawfully by the Plaintiff’s declaration of termination.

Therefore, the Defendant is obliged to pay KRW 50 million to the Plaintiff simultaneously with the delivery of the instant building from the Plaintiff.

The plaintiff's claim is accepted.