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1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time KRW 16,519,250 to the plaintiff.
Reasons
This case is the case where the Plaintiff, a lessee of the first floor shop, seeks damages against the Defendant, a lessor of the building on the grounds of inundation of the leased building on the grounds of water leakage of the leased building. It is related to the case of this court 2018Gadan9798, which claimed the delivery of the building against the Plaintiff, a lessee.
1. Facts of recognition;
A. On March 2015, the Plaintiff (hereinafter “Lessee”) operated the sales store in the name of “C” by setting the lease deposit amount of KRW 15 million, KRW 850,000,000 per month from March 23, 2015 to March 2017 by leasing the building (the first floor of the building; hereinafter “first floor store”) indicated in the attached list owned by the Defendant (Lessee; hereinafter “Lessee”) from the Defendant (Lessee”); and operating the sales store in the name of “C”.
B. While the lessee of the instant club accident was in arrears with monthly rent but the said lease was renewed on March 2017, which was the expiration date, the said lease was flooded (hereinafter “instant club accident”), the old PP pipe water was buried on the wall of the shower room of the third floor of the instant building and the inside of the floor of the instant building, which was located on February 2018, and the lower PP pipe water was flooded (hereinafter “the instant club accident”). The amount of damages for the flooded goods is equivalent to KRW 19,159,250 as indicated in the attached sheet of appraisal.
On the other hand, in February 2018, the second floor store of Nonparty D leased and operated the restaurant even before the occurrence of the instant Dong wave accident, there was an accident of Dong wave on two occasions.
In other words, the above D entered into a lease agreement with a lessor on October 2016 to lease the second and third floors for two years, and operated a national water shop, but the funeral service was closed on April 2017, which was not well-known, and the two and third floors still remain due to the remainder of the lease term.