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1. The defendant,
A. The Plaintiff’s delivery of No. 3 of the underground floor of the C Ground Building from the Plaintiff is simultaneously 20.
Reasons
1. Basic facts
A. On March 27, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20 million and the term of April 25, 2016, with respect to subparagraph 3 (hereinafter “instant building”) of the underground floor of the building C on the king-si-si ground (hereinafter “instant building”). As a special agreement, the Plaintiff determined that the location of the instant building is located at the place where the instant building should be returned to the redevelopment site according to the association’s relocation policy, without any condition.
B. As stipulated in the instant lease agreement, the Plaintiff paid a deposit of KRW 20 million to the Defendant, and occupied and used the instant building upon delivery from the Defendant on April 25, 2014, and is currently residing in the said building as of the date of closing argument in the instant case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was: (a) the Defendant was handed over the instant building from the Plaintiff on May 2014, and the building was flooded; and (b) despite the fact that fung has occurred on the wall of the instant building due to rainwater and damp water and that it was impossible to lead a daily life due to rain, the Defendant did not perform his/her duty to maintain the status necessary for the use and profit-making of the said building as a lessor; and (c) the Plaintiff terminated the instant lease by serving a preparatory document as served on October 21, 2015.
Therefore, the defendant is obliged to return the lease deposit amount of KRW 20 million to the plaintiff at the same time with the delivery of the building in this case from the plaintiff, and the expenses for the plaintiff's moving into the building in this case as compensation for damages and the director's moving into the building following the termination of the above lease contract, each of 300,000 won for mental suffering suffered by the plaintiff while living in the new building due to the defendant's non-performance of the repair obligation, and to pay the consolation money of KRW 1,60,000 and damages for delay.