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1. The part concerning the claim for the expenses of the order of lease registration among the instant lawsuit shall be dismissed.
2. The plaintiff's remaining claims.
Reasons
1. Basic facts
A. On June 10, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit amounting to KRW 25 million, KRW 650,000,000,000,000 from Suwon-gu, Suwon-si, as well as KRW 650,000,000,000 from July 25, 2016 to July 25, 2018.
B. The instant lease agreement terminated on July 25, 2018, and the Defendant returned to the Plaintiff the remainder of KRW 2,435,000,000 after deducting the unpaid rent from KRW 25,000,000,000,000 from the lease deposit on August 16, 2018.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. We examine the legality of the part concerning the claim for the expenses of the order of lease registration among the instant lawsuits ex officio on the legality of the part concerning the claim for the order of lease registration.
The Plaintiff, despite the termination of the instant lease agreement, was unable to refund the lease deposit from the Defendant, and thus, the Defendant asserts that the Plaintiff should pay the Plaintiff the cost of the lease registration fee as compensation for damages.
However, since a lessee's claim for the expenses of applying for a lessee's order of lease registration under Article 3-3 (8) of the Housing Lease Protection Act should be determined in the procedure of the application for the order of lease registration of a house under Article 3-3 (3), this part of the lawsuit in
3. The plaintiff's assertion and judgment
A. Although the Defendant, as a lessor, has a duty to maintain the apartment of this case in the state necessary for the use and profit-making of the apartment of this case, in violation of the above duty, water leakage occurred in the apartment of this case. Accordingly, the Plaintiff’s children were provided with hospital treatment, thereby causing considerable damage to the hospital’s medical expenses.
Therefore, the defendant shall compensate the plaintiff for damages for the sum of the medical expenses for the plaintiff's children 1,195.