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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed at the trial.
Reasons
Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.
1. Facts of recognition;
A. On June 1, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 350 million, and the term of lease from September 2, 2014 to September 2, 2016, by setting the lease agreement (hereinafter “instant lease agreement”) with the Defendant, without monthly rent, for C apartment 306, 1403, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”).
B. On September 2, 2014, the Plaintiff paid a lease deposit to the Defendant pursuant to the instant lease agreement, and received the delivery of the instant apartment from the Defendant, and resided in the instant apartment from around that time to September 5, 2016.
C. During the period of residence in the instant apartment, the Plaintiff deposited KRW 722,460 in the long-term repair appropriations, and paid KRW 100,000 at the electrical construction cost for the instant apartment on March 13, 2016.
The lease contract of this case terminated upon the expiration of the lease term, and the plaintiff delivered the apartment of this case to the defendant on September 5, 2016, and received the lease deposit from the defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Article 30(1) of the Multi-Family Housing Management Act provides that “The managing body shall collect and accumulate the long-term repair appropriations necessary for the replacement and repair of major facilities of the multi-family housing in accordance with the long-term repair plan from the owner of the relevant house,” and Articles 623 and 626(1) of the Civil Act provide that a lessor shall be obliged to use the leased object and maintain the conditions necessary for profit-making, and a lessee may file a claim for reimbursement with a lessor where the lessee has spent necessary expenses for
B. According to the above facts, the Plaintiff paid the long-term repair appropriations of KRW 722,460 on behalf of the Defendant, who is the owner of the instant apartment.