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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. (1) On March 24, 2012, the Plaintiff is the Plaintiff’s housing No. 40.455m2 (hereinafter “instant building”).
(2) On April 20, 2012, the Plaintiff leased KRW 25,000,000, and the term of lease from April 20, 2012 to April 19, 2014. The Plaintiff continued to reside in the instant building upon delivery of the instant building on April 18, 2012. (2) On February 9, 2018, the Defendant, his father, succeeded to the lessor’s status under the said lease agreement between the Plaintiff and E by completing the registration of ownership transfer on the instant building.
The lease contract between the Plaintiff and the Defendant was implicitly renewed several times, and the lease term was extended until November 2018.
(hereinafter “instant lease agreement”). B.
1) On May 23, 2018, the Plaintiff requested the Defendant to repair the boiler and pipes of the instant building. 2) On May 26, 2018, the Plaintiff notified the Defendant of the fact that the boiler engineer visited the instant building and inspected the boiler, and that it is impossible to repair the boiler as a result of the inspection. Moreover, the Plaintiff demanded the Defendant to replace the boiler by informing the Defendant of the contact address of the boiler engineer and requesting the Defendant to view the price adjustment regarding the costs of replacement of the boiler.
3) On July 6, 2018, the Defendant contacted the Plaintiff that he would not use the boiler to repair the boiler, and demanded the Plaintiff to leave the key to the instant building to a licensed real estate agent. On July 11, 2018, the Defendant carried out the boiler and floor pipeline construction of the instant building (hereinafter “instant repair work”) around July 11, 2018, and later delayed due to the suspension of the instant repair work.
C. On July 25, 2018, the Plaintiff requested repair works to the Defendant on several occasions on the ground that “the boiler and piping of the instant building became unrepairable,” but the Defendant continued construction without consultation on the construction schedule.