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1.The judgment of the first instance shall be modified as follows:
The defendant shall be underground from among the buildings located in Daegu Dong-gu D.
Reasons
1. Basic facts
A. On February 2, 2009, the Plaintiff leased (hereinafter “the instant building lease”) the building of 261.35 square meters underground from the Defendant among the buildings located in Daegu-gu D, Daegu-gu, with the term of two years fixed (hereinafter “the instant building lease”) from the Defendant, among the buildings located in D, for a dance institute (hereinafter “the instant dance institute”) with the trade name “E”), from that time.”
B. The Plaintiff and the Defendant have renewed the instant lease agreement on a two-year basis, and upon the last renewal on March 6, 2013, the lease term was KRW 30 million from February 2, 2013 to February 1, 2015, and KRW 300,000 per month from rent.
C. On April 4, 2014, the Plaintiff discontinued the dance institute of the instant case, but occupies the instant building without delivering it to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), purport of whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) From June 2013 to April 4, 2014, even though water leakage was generated in the instant building, the Defendant refused Plaintiff’s request for repair and subsequently discontinued the instant dance institute. The instant contract was lawfully terminated due to the Defendant’s delivery of a copy of the complaint stating the Plaintiff’s declaration of intent to terminate the instant lease contract on the grounds of nonperformance of the Defendant’s repair obligation, and even if not, the instant lease contract was terminated on February 1, 2015, and thus, the Defendant is obligated to pay KRW 30 million to the Plaintiff. 2) The Plaintiff suffered business loss of KRW 1 million each month from June 2013 to April 4, 2014, at least during the period from April 5, 2014 to May 25, 2015.