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(영문) 춘천지방법원강릉지원 2020.02.19 2019가단3208
건물명도(인도)
Text

1. The defendant's KRW 1,200,000 as well as 5% per annum from January 30, 2020 to February 19, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 24, 2019, the Plaintiff entered into a contract with the Defendant to lease D Apartment E (hereinafter “instant apartment”) located in the East Sea, which was owned by the Plaintiff, with the term of lease from June 15, 2019 to June 14, 2021, and KRW 10,000,000 in monthly rent (hereinafter “instant lease contract”).

The Plaintiff and the Defendant agreed to the said contract that “pet animals shall not grow” by a special agreement.

B. The Defendant had F, a staff member of the coffee shop, reside in the apartment of this case, and F, a member of the apartment of this case, left 4 miles or more in the apartment of this case and neglected excreta, etc., thereby generating malodor to the inside of the apartment of this case, corridor and neighboring households.

Accordingly, on October 1, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the breach of the said contract by content-certified mail.

C. On October 22, 2019, the Defendant removed F from the Republic of Korea on or around October 22, 2019, and delivered the instant apartment to the Plaintiff on November 7, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7 evidence, Eul 6 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Comprehensively taking account of the aforementioned evidence and the purport of the present court’s on-site inspection, the Defendant, despite having agreed not to raise pet animals under the instant lease agreement, had the sub-lessee F raise pet animals in violation of this agreement. At the time when F moves out of the instant apartment, the malodor caused by the excreta, etc. inside the apartment at the time of entering the apartment. At the time of the on-site inspection date of the instant apartment, a small amount of height remains in the booms inside the instant apartment at the time of January 16, 2020, the date of the on-site inspection of the instant apartment, but as a whole, she was not in the state of bad odor other than the booming, and she was in the state of being in the brush, which remains in the brush, etc.

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