손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On December 9, 2014, the Plaintiff acquired the Michuhol-gu Incheon Carryover (hereinafter referred to as “the Plaintiff’s household”) No. d (hereinafter referred to as “the Plaintiff’s household”) at auction.
On February 2015, the Plaintiff leased the Plaintiff’s household deposit of KRW 5 million, monthly rent of KRW 300,000, and period of two years to E.
B. The Defendant owned F, from February 11, 2007, F, and resided therein, from this point of view (hereinafter “Defendant’s household”).
C. The sewage management officer, where the daily sewage of each of the instant households is jointly drained, is installed on the concrete floor of the lower part of the Defendant household’s kitchen, which was located in the main kitchen of the Defendant household. From May 2012, the sewage management officer, who was discharged from each of the instant households, did not properly discharge sewage pipes, and the Defendant’s household was flooded, resulting in the inundation of floors, remote areas, and bags.
The Defendant, including the Plaintiff, filed a lawsuit against nine owners of the instant loan household, seeking compensation for damages arising from the sewage pipe station basin.
(In the above case, on November 29, 2017, the court rendered a ruling to the effect that nine owners of the loan of this case jointly and severally pay KRW 25,571,812 to the Defendant and damages for delay.
[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 5, Gap evidence 9, Eul evidence 1, Eul evidence 2, and the whole purport of oral argument
2. Assertion and determination
A. The Plaintiff’s assertion that the Defendant released garbage from May 2, 2015 to June, 2015 on the stairs and passage of the instant lending.
For this reason, the lessee demanded the Plaintiff to terminate the lease contract, and the Plaintiff paid 80,000 won for the director’s expenses to E on June 2016, and did not receive 2.7 million won for the remaining nine months.
In addition, the plaintiff suffered mental damage due to the defendant's demand for compensation, accusation, frequent telephone, visit, etc.
The defendant shall terminate the lease contract to the plaintiff at an early stage.