(영문) 서울중앙지방법원 2020.03.25 2019가단5105538

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(영문) 서울중앙지방법원 2020.03.25 2019가단5105538

임차보증금 등 청구의 소

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1. As to KRW 45,900,000 among the Plaintiff and KRW 45,00,000 among them, the Defendant shall start from May 4, 2019 to May 22, 2019.

Reasons

Basic Facts

On October 13, 2018, the Plaintiff entered into a real estate lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on the lease deposit amount of KRW 45,00,000, monthly rent of KRW 130,000, and the lease term of KRW 27, 2018 between October 27, 2018 and October 26, 2020 with the content that the Plaintiff leases a semi- underground house (hereinafter referred to as “instant house”) among the four-story buildings located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, which are owned by the Defendant.

Around that time, the Plaintiff paid a lease deposit of KRW 45,00,000 to the Defendant, and discovered mycoa in the instant house and requested the Defendant to remove mycoa in the instant house and at the same time, at the same time, to take an adequate waterproof treatment. However, the Defendant did not take any active measures to remove mycoa in a general remote area on March 17, 2019 and did not take any active measures to remove mycoa in the instant house.

On April 3, 2019, the Plaintiff sent a letter verifying the termination of the instant lease agreement on the grounds of the Defendant’s nonperformance of the duty to repair and maintain leased objects, and the mail sent to the Defendant on April 4, 2019.

The plaintiff applied for the order of lease registration to the court on April 30, 2019, and the lease registration was completed, and on May 3, 2019, the director completed the other place and notified the defendant thereof.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 12 and whether a lease contract is terminated in determining the cause of claim for the whole pleadings, the lessor is obligated to maintain the conditions necessary for the use and profit of the leased object while the lease contract is in existence (hereinafter referred to as the "leased's obligation to repair"). If the leased object is damaged or hindered, if it is not repaired, the lessor is to the extent that the lessee would be prevented from using and profit from the leased object according to the purpose determined by the contract.

유사 판례

-서울중앙지방법원 2020.03.25 2019가단5105538

-인천지방법원 2016.09.06 2015나60023

-서울고등법원 2018.10.26 2018나2025678

-서울고등법원 2016.04.29 2016나2699

-청주지방법원 2016.10.25 2015나4222