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(영문) 대전지방법원 2015.05.15 2013나19555
손해배상
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 30, 2012, the Korea Land and Housing Corporation: (a) as part of a lease fund support project supported by the Government for residential stability of vulnerable residential groups, such as recipients of basic livelihood, low-income, and low-income, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff and the Defendant on October 30, 2012; (b) with respect to the third floor 302 (hereinafter “instant housing”) of the building C, Dong-gu, dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant housing”); (c) the Defendant becomes a lessor, lessee, and the Plaintiff as a tenant; (d) KRW 45 million of lease deposit without rent; and (e) the amount of KRW 38 million shall be borne by the Korea Land and Housing Corporation; and (e) the term of lease shall be from November 16, 2012 to November 15, 2014; and (e) the instant lease agreement stipulates that the lessor should immediately resolve any defect arising from a housing defect or defect in the lease’s’s.

B. On October 30, 2012, the date when the instant lease agreement was concluded, the Korea Land and Housing Corporation and the Plaintiff entered into a sublease contract with the lessor, the Plaintiff, as the lessee, and the occupant’s share of KRW 7 million (Direct payment to the owner) and the monthly rent of KRW 63,650 (hereinafter “sublease contract”).

C. The Plaintiff resided in the instant house upon delivery from the Defendant. From December 2012 to December, 2012, the phenomenon occurred in the kitchen of the instant house, and on the wall, he/she demanded the Defendant to repair the house on the ground that he/she developed mycoi in the wall, and he/she went into another house on April 10, 2013.

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