1. The plaintiff's claim is dismissed.

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

1. On April 2, 2016, the Plaintiff entered into a contract with the Defendant and the Korea Land and Housing Corporation to lease Suwon-si C and D (hereinafter “D”) of Suwon-si (hereinafter “instant lease agreement”).

However, there was a defect that causes a defect that causes a fung and a bad malodor with water to the degree of sprinking from heading C and E (hereinafter “E real estate”) adjacent Suwon-si, Suwon-si.

Therefore, the plaintiff sought the repair of each of the above defects against the defendant, but the defendant did not take any measures.

In addition, the Defendant agreed to lease the real estate E in lieu of the real estate D (hereinafter “instant agreement”) to the Plaintiff, but failed to comply with this agreement.

As can be seen, the Defendant, as a lessor under the instant lease agreement, failed to perform the obligation to repair and make profits from the instant real estate available to the Plaintiff, but did not perform such obligation. Furthermore, as the Defendant failed to perform the obligation under the instant agreement, the Plaintiff is liable to compensate for the damages incurred by the Plaintiff due to the nonperformance of the obligation, or is liable to compensate for the damages incurred by the Plaintiff due to the tort caused by each defect on the instant real estate.

2. Determination

A. In full view of the following circumstances, as to the claim for damages due to nonperformance of the obligation under the instant lease agreement, it is reasonable to view that the other party to whom the Defendant entered into the instant lease agreement with respect to the real estate D is merely the Korea Land and Housing Corporation, not the Plaintiff, by comprehensively taking account of the respective descriptions of the evidence No. 1-2, No. 2, No. 2, No. 4, and No. 5, and No. 3-1, No. 3, No. 2, and No. 3, the Plaintiff directly rights and obligations under the said lease agreement.