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□ Lessor's Duties

○ Duty to allow the lessee to use the house and take profits therefrom

  - The lessor has a duty to allow the lessee to use the house which is an object and take profits therefrom (Article 618 of the Civil Act).

  - The lessor is bound to deliver the house to the lessee and has a duty to repair the leased house and to maintain conditions necessary for the use and taking profits of the leased house while the lease is in force (Article 623 of the Civil Act).

   ㆍ However, lessor does not have a duty to repair if a degree of the damage·defect is minor which can be repaired by a lessor at a small cost and does not interfere the use and taking profits of the leased house. On the contrary, if the nonperformance of repair interferes the object of the use and taking profits of the leased house, lessor has a duty to repair. (Supreme Court's Decision dated June 10, 2004, Case No. 2004Da 2151 and 2168).

   ㆍ Lessor’s duty to repair is subject to be waived or imposed to a lessee by a special contract among the parties. However, lessor has a duty to repair for a significant repair such as a main composition of a building, or a replacement of basic facilities unless any other special reasons exist. (Supreme Court's Decision dated December 9, 1994, Case No. 94Da 34692 and 34708).

    √ For instance, in the cases of a cracked wall, a water leaking from the ceiling, or destruction of the house due to natural disasters or unavoidable causes such as a house fire by a stroke of lighting, lessor has a duty to repair the house.

- Where the lessor does not repair the leased house, the lessee may ① claim compensation for damage, ② refuse payment of the whole or part of the rent until the repair is finished, ③ demand a reduction of the rent in proportion to the part which has become unusable or has become impossible to take profit from, or ④ rescind the lease contract if the remaining part of the leased house is not sufficient to attain the objective for which the lease has been made (Article 627 of the Civil Act and Supreme Court's Decision dated April 25, 1997, Case No. 96Da 44778 and 44785).

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