1. The plaintiff's claim is dismissed.

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

1. The fact that the Plaintiff, on July 28, 2014, leased the instant apartment (hereinafter referred to as “instant apartment”) from the Defendant with the lease deposit amount of KRW 65 million from October 8, 2014 to October 8, 2016 (hereinafter referred to as the “instant lease agreement”), and the Plaintiff paid the Defendant the lease deposit amount of KRW 65 million under the instant lease agreement and received the delivery of the instant apartment from the Defendant does not conflict between the parties.

2. The plaintiff's assertion and judgment

A. The plaintiff asserted that the apartment of this case was not able to live a normal life due to fung and malodor, etc. due to long-term water leakage or damp season, but the defendant failed to perform its repair obligation. At the time of entering into the lease contract of this case, the previous management expenses for the apartment of this case were delinquent, and the management office of the apartment of this case was not in operation, despite the fact that the apartment of this case was not in operation, the defendant did not properly explain them and did not properly implement measures to prevent damage that may occur to the lessee. Thus, the plaintiff eventually terminated the lease contract of this case on the ground of the defendant's default as above. At the same time, the plaintiff claimed the return of the lease deposit of this case 65 million won and claimed the return of the lease deposit of this case 21,071,000 won (the amount equivalent to the purchase expenses of the new household of this case 7,78,000 won and other property damages of this case 8,330,500,000 won).

B. (1) In determining whether the Defendant’s repair obligation is fulfilled, the lessor bears the duty to maintain the conditions necessary for the use and profit-making during the contractual existence, and thus, the leased object is destroyed or damaged.