(영문) 서울북부지방법원 2020.06.11 2019나32116

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(영문) 서울북부지방법원 2020.06.11 2019나32116

손해배상(기)

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1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Korea Housing Corporation (hereinafter referred to as the “LH Corporation”) concluded a lease agreement with the Defendant for two years from May 12, 2017 to May 11, 2019 (hereinafter referred to as the “instant lease agreement”) with a real estate agent D and E, respectively, on March 27, 2017, with a view to leasing a single-story housing unit C (hereinafter referred to as the “instant housing”) owned by the Defendant for the purpose of the Plaintiff’s residence, and the Plaintiff signed the said lease agreement with the Defendant as an occupant.

The main contents of the instant lease agreement are as follows.

-(2) The lessor must notify the occupants designated by the lessee of the housing condition or the defects of the facilities at the time of concluding the contract, make repairs suitable for the occupants to live, and deliver the display house.

- Article 4 (Management, etc. of Housing) (1) In the event that a tenant requests a repair due to a defect in a house without any negligence of the tenant, the lessor shall promptly make such repair.

(2) In using a indicated house, the occupant shall repair and maintain the portion damaged or destroyed by the occupant on a daily basis or expendable materials, and bear all expenses incurred in using the indicated house.

(3) No occupant may remodel, alter, etc. the housing without consent of the lessor.

(4) If any dispute arises due to a defect in a house itself or a defect in the use of a house, the settlement shall be made directly between the lessor and the occupant.

Article 7 (Cancellation and Termination of Contract) If any of the following events occurs, the other party may cancel and terminate the contract:

2. Where the lessor fails to deliver the house until the date prescribed by Article 3 (1), or fails to perform his/her repair duty under Articles 3 (2) and 4 (1);

4. The lessor; and

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