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(영문) 광주지방법원 2014.08.13 2013가단45902
임대차보증금 등
Text

1. The defendant shall be the plaintiff.

A. 22,00,000 won at the same time as the delivery of the houses listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On September 22, 2009, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 22,00,000, and the lease term amount from October 8, 2009 to October 8, 201 (hereinafter “instant lease agreement”) with respect to the leased house listed in the attached list (hereinafter “instant leased house”), and thereafter occupies the leased house upon delivery by the Defendant after paying the lease deposit to the Defendant.

B. On June 20, 2013, the Plaintiff sent to the Defendant a content-certified mail stating that the above lease contract is terminated on the ground that the Defendant did not perform its repair for water leakages generated in one room and one week among the leased housing in this case, re-establishment of a singke storage station and damages for singing away from the wall leakages, water fees additionally borne due to the delay in repair of water supply pipes where water leakages occurred, and separate installation for each household of the electric measuring instruments, etc. The above content-certified mail was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4-1, the purport of the whole pleadings

2. Determination on the claim for refund of lease deposit

A. On September 3, 2012, the Plaintiff asserted that the Defendant terminated the instant lease agreement on the ground that the lessee did not perform its repair duty, despite the occurrence of an accident where fung in the wall was removed due to water leakage on the wall around May 4, 2013, when the lessee moved into the upper floor of the leased house of this case, and water leakage occurred in the main room among the leased house of this case located under the bath room of the above floor.

The lessor's duty of repair is a case where it is impossible to repair the lessor, and where it is impossible to repair the lessor by dividing it into the case where it is possible to repair the lessor.

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