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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 2015, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant building”) from the Defendant as the lease deposit amount of KRW 130,000,000, and the lease term of KRW 18,000 from October 18, 2015 to October 18, 2021.
(hereinafter referred to as the “instant lease contract”) B.
The Plaintiff paid KRW 130,000,000 to the Defendant at the time of the instant lease agreement.
C. From October 18, 2015, the Plaintiff started residing in the instant building.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The plaintiff's assertion
A. The Defendant, a lessor, is obligated to maintain the subject-matter of the instant lease to the Plaintiff, a lessee, as necessary for the use and profit-making of the building.
However, as seen below, the Defendant violated its duty to maintain the leased object as necessary for the use and profit-making of the leased object.
Accordingly, on February 25, 2016, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement, and the declaration of termination reached the Defendant around that time. As such, the instant lease agreement was lawfully terminated.
Therefore, the Defendant, along with the delivery of the instant building from the Plaintiff, shall return the lease deposit to the Plaintiff, and the Plaintiff shall be liable to pay damages for delay calculated at the rate of 5% per annum from the day following the delivery of the instant building to the day of returning KRW 130,000,000,000.
B. The Defendant’s breach of the lease agreement 1) indoors of the instant building are likely to have difficulty in self-sustaining people while living. The extent of the Plaintiff’s construction of the instant building is the Plaintiff’s construction of the instant building by cutting on the boiler and electric stoves and cutting down trees on the bricks on the wall and cutting down trees only. The Defendant is the sole reason for turning on the stude and turning on the electric stoves, and did not take any measures. 2)