위자료 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the plaintiff's assertion is that the Korean Land and Housing Corporation leases the existing housing to the National Housing Fund supported by the Government for the stabilization of the residential life of the disadvantaged class and allows the residents to reside therein;
On October 18, 2014, the foregoing Corporation leased the building C and 101 in Gangnam-gu Seoul and the Defendant (hereinafter “instant housing”; and the lease agreement between the Korea Land and Housing Corporation and the Defendant (hereinafter “instant lease agreement”); and the Plaintiff, an occupant, has resided in the instant housing from January 2015.
However, although the Defendant was obligated to maintain and repair the housing in a state suitable for the occupants to reside pursuant to the instant lease agreement, the Defendant left alone the construction wastes, etc. in front of the instant housing.
The plaintiff suffered physical and mental damages due to the malodor, dust, etc. generated by the above wastes, and the defendant is obligated to pay consolation money of KRW 10 million and delay damages to the plaintiff.
2. In the event that property damage occurs due to the nonperformance of contractual obligation, the mental suffering that the contracting party received shall be deemed to have been recovered by compensating for property damage. Thus, there are special circumstances that the compensation for property damage alone sustained irrecoverable mental suffering, and the other party may recognize consolation money for mental suffering only where he/she knew or could have known such circumstance.
(See Supreme Court Decision 2002Da53865 Decided November 12, 2004, etc.). Comprehensively taking account of the overall purport of the pleadings in each video of Gap evidence No. 1, Gap evidence No. 2-1 through 10, the plaintiff was living in the house of this case from January 2015 under the instant lease agreement. The defendant is the Gangnam-gu Seoul and 201, adjacent to the house of this case.