1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On July 7, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and Ansan-si (hereinafter “instant apartment”) stipulating that the lease deposit shall be KRW 120,000,000, and the lease term shall be two years from September 13, 2017.

B. On August 24, 2017, the Plaintiff intended to move into the instant apartment after obtaining the Defendant’s consent, but when water was unable to move into the said apartment floor, the Plaintiff concluded an agreement with the Defendant on the following terms: (a) the time of moving into the said apartment floor during the repair period; (b) the time of moving into the apartment site is delayed; and (c) accommodation is to be provided at a different place between the parties; and (d) the Defendant is entitled to receive KRW 690,00 and accommodation expenses from the Defendant (Evidence 3; hereinafter “instant agreement”).

C. After that, the Plaintiff was unable to move in due to the delayed repair of the above apartment, on January 12, 2018, the Plaintiff filed a lawsuit against the Defendant on the ground that the Defendant violated the Defendant’s duty to repair and maintain the instant apartment, seeking the return of the lease deposit and the compensation for damages arising from the termination of the instant lease agreement, which was rendered a judgment in favor of the Plaintiff on February 15, 2019, and the said judgment became final and conclusive at that time.

(hereinafter referred to as “related litigation”). [Ground of recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings.

2. The Defendant’s judgment on the instant lawsuit’s defense is related to the same subject matter of lawsuit as that of the relevant lawsuit, and thus, the instant lawsuit is unlawful against the principle of prohibition of double lawsuit. However, the instant lawsuit is clearly filed on September 19, 2017, which was before the relevant lawsuit is filed, and thus, constitutes a prior lawsuit. According to the above fact-finding, the pertinent lawsuit and the instant lawsuit are all disputes arising from the same lease relationship.