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(영문) 서울서부지방법원 2019.05.16 2018나40918

건물명도(인도)

Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 1,780.

Reasons

1. Basic facts

A. On September 1, 1997, the Plaintiff was established in Mapo-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) under the name of family childcare facility I, and was changed to J and K Child Care Center, and was finally changed to F Child Care Center on October 12, 2012.

(hereinafter “instant childcare center”) was established and operated, and closed from July 1, 201 to December 31, 201.

B. On December 5, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment with a deposit of KRW 5 million, monthly rent of KRW 1950,000 (However, for three months from the contract date, KRW 1.5 million), and a two-year lease agreement to lease the instant apartment (hereinafter “instant lease agreement”). Around that time, the Plaintiff was the representative of the instant childcare center and had the Defendant substantially operate the instant childcare center, and the Defendant issued a written statement stating that “The Plaintiff shall be liable for damage if the damage was caused to the lessor due to the lessee’s mistake in operating the childcare center on the instant apartment” (hereinafter “each of the instant agreements”).

C. The instant lease agreement continued to be renewed and terminated on February 2017, and the Defendant delivered the instant apartment to the Plaintiff on February 28, 2017.

Meanwhile, on January 14, 2016, the Defendant was subject to a disposition of the head of Mapo-gu Seoul Metropolitan Government on the grounds that the Defendant committed a violation of the principle of disbursement under the Regulations on Finance and Accounting of Social Welfare Corporations and Social Welfare Facilities, a violation of the prohibition against use of budget purposes, a violation of the payment date of childcare staff, a violation of the payment date of childcare staff, a violation of the appointment and dismissal of childcare staff, a failure to report on the appointment and dismissal of childcare staff, a violation of the provision of food materials after the expiration of the distribution period, a violation of the standards for organization, etc., “one year suspension of the head of childcare center from March 1, 2016 to February 28, 2017,” and the Plaintiff and the Defendant dissatisfied with the above disposition.