1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed.

2. Of the costs of lawsuit.

Facts of recognition

On May 1, 2016, the Plaintiff entered into a lease agreement with the Defendant’s agent B on a deposit amount of KRW 200 million and the term of lease from July 8, 2016 to 24 months with respect to the Yongsan-gu Seoul Metropolitan Government Non-dong 102 (hereinafter “instant housing”) (hereinafter “instant lease”), and paid the deposit money, and resided in the instant housing upon delivery.

Around September 19, 2016, the Plaintiff requested the Defendant to repair each toilet floor of the instant housing on the grounds of the re-repair phenomenon, malodor, noise, etc. Around September 2016, the Defendant repaired the toilet pipeline, etc. (hereinafter “the primary repair”). On or around July 2017, the Plaintiff requested the Defendant to repair each toilet floor of the instant housing on the grounds of re-repair, malodor, noise, etc. (hereinafter “the secondary repair”). Around August 2017, the Defendant re-repaird the toilet pipeline, etc. (hereinafter “the secondary repair”).

On August 16, 2017, after two repairs by the Defendant, the Plaintiff sent to the Defendant a document verifying the termination of the lease of this case due to the lessor’s nonperformance of the repair obligation. On the same day, the Plaintiff filed an application for the registration of the lease of this case with the Seobu District Court 2017Kao5043 on the same day.

On September 18, 2017, the order of lease registration was issued on September 18, 2017.

On August 17, 2017, the certificate of contents sent by the Plaintiff reached the Defendant, and the Defendant respondeded to the following: “If the Plaintiff wishes to terminate the lease despite the fulfillment of the repair twice at the Plaintiff’s request, the Plaintiff would return the lease deposit upon termination of the lease even if the remainder of the lease term remains,” as the certificate of contents as of September 11, 2017.

On September 25, 2017, the Defendant returned the lease deposit amount of KRW 200 million, totaling KRW 30 million on November 22, 2017, to the Plaintiff. On November 22, 2017, the Plaintiff was a director of the instant housing on November 22, 2017.

The Plaintiff.