(영문) 청주지방법원 2016.10.25 2015나4222 | 리걸엔진

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(영문) 청주지방법원 2016.10.25 2015나4222

임대차보증금반환

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On September 29, 2014, the Plaintiff entered into a contract with the Defendant to lease the instant house with the lease deposit amount of KRW 30,000,000,000, and from October 13, 2014 to October 12, 2016 (hereinafter “instant lease contract”), and paid KRW 30,000,000 to the Defendant.

B. On October 6, 2014, the Plaintiff occupied and used the said house by acquiring it from the Defendant.

C. On April 27, 2015, the Plaintiff sent to the Defendant a certificate of content that contains a declaration of intent to terminate the instant lease agreement on the grounds that the Plaintiff was unable to use the said housing due to the occurrence of fung and mycoi in the instant housing, and that the said certificate reached the Defendant around that time.

After that, the defendant is residing in the house of this case from the plaintiff.

[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1, 2, and 4 (including virtual numbers) and the purport of the whole pleadings

2. In determining the cause of a claim, the lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the contract is in existence. As such, in the event that the leased object causes damage or impediment to the extent that the lessee is unable to use and profit-making according to the purpose determined by the contract, the lessor is not obligated to repair if it is so small that the lessee can easily use and profit-making the leased object without any separate expense, and it is not sufficient to prevent the lessee’s use and profit-making. However, if it is difficult for the lessee to use and make profit-making according to the purpose determined by the contract, the lessor is obligated to repair the leased object.

(See Supreme Court Decision 94Da34692, 94Da34708 delivered on December 9, 1994). In this case, the health room and the Defendant did not set the floor properly after performing the floor construction of the instant housing.

참조판례

-대법원 1994. 12. 9. 선고 94다34692,94다34708 판결

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