1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On May 27, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the lease deposit amount of KRW 10 million, monthly rent of KRW 500,000,000, and the period from June 5, 2018 to June 4, 2020 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 10 million to the Defendant the lease deposit amount.

B. On August 24, 2018, around 2018, construction was carried out in D Building F (hereinafter “F Housing”) that is the immediate upper floor of the instant housing, and water flow out into the ceiling, remote area, etc. of the instant housing, and malodored in the water flow out.

C. The plaintiff was served with a duplicate of the complaint of this case.

The purpose of the instant lease agreement cannot be achieved due to the same reason as the foregoing was notified to the effect that the instant lease agreement is terminated.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and 4, Gap evidence 2-1, 2, and Gap evidence 5

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the toilet garbage flowing out from the Fho Lake Housing, which is the upper floor of the instant housing, was milched with the ceiling and remote areas of the instant housing, and the malodor was frighted. The Plaintiff demanded repair to the Defendant, but the Defendant did not repair it, but the Plaintiff terminated the instant lease contract on the grounds of this, so the Defendant is liable to refund the lease deposit amount of KRW 10 million and delay damages to the Plaintiff.

B. Prior to whether the instant lease contract was lawfully rescinded, the following circumstances, namely, ① the instant lease contract was concluded for residential purpose as a residential purpose, and ② the Plaintiff generated water leakage and malodor in the instant house, and the Defendant.