(영문) 서울중앙지방법원 2019.11.14 2018가단5032947

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(영문) 서울중앙지방법원 2019.11.14 2018가단5032947

임대보증금반환 등

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On December 13, 2017, the Plaintiff entered into a contract on the transfer of rights (hereinafter “instant contract”) with D, a lessee, who operated a public announcement source on the fourth floor of the building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”). The Plaintiff entered into a contract on the transfer of rights (hereinafter “instant contract”) with D to acquire the public announcement source facilities, business rights, etc. in the instant building in the amount of KRW 17 million for the premium, etc., and paragraph (5) of the special agreement provides that “The transferor shall be held liable if the number of the public announcement source discovered within 10 days after the acquisition of the public announcement source occurs.”

On December 19, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, the owner of the instant building, setting the lease deposit amount of KRW 30 million, KRW 3 million, and KRW 3 million, and the lease term from December 19, 2017 to December 18, 2019, and paid the lease deposit, and received delivery of the instant building. The Plaintiff agreed to receive KRW 17,00,000 from D, the lessee before January 19, 2018, as well as not liable for the said agreement.

The water pipe of the instant building itself did not affect the water leakage in the 4th floor of the 4th floor of the 4th floor, and water leakage occurred in boiler and water pipes, which are the business facilities of the Public Notice Board, and heating and hot water pipes.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence Nos. 1, and the result of the appraisal commission to appraiser E by this court, the plaintiff's judgment as to the ground for claim of the whole purport of the argument of this case is serious to the extent that the plaintiff's defects, such as water leakage in the building of this case at the time of conclusion of the lease contract of this case as to the ground for claim of the whole purport of the pleading, and to repair it, the defendant is obligated to rent the building of this case and notify the plaintiff of such fact

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