1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the instant building, which is a nursery facility of Yeonsu-gu Incheon Metropolitan City A apartment (hereinafter “instant apartment”), as KRW 50 million, the lease deposit, from July 1, 2015 to June 30, 2018, with the lease term of KRW 150,000 per month (hereinafter “instant agreement”).

From July 1, 2015, the defendant is operating a child care center in the building of this case from around July 1, 2015.

B. On November 20, 2017, D, who was a teacher of the Defendant Child Care Center, was indicted for a violation of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse (Aggravated Punishment of Child Abuse by Workers of Child Care Facilities, etc.). On April 5, 2018, the Incheon District Court rendered a judgment of conviction for a two-year period of suspension of execution at the Incheon District Court, and the said judgment became final and conclusive around that time. 2) On February 1, 2018, the head of Yeonsu-gu Incheon Metropolitan City imposed a fine of KRW 18 million on the Defendant on the ground that “the Defendant was engaged in emotional abuse against two children of the full-time Infant Care Center D” (Article 45(1)4 and Article 45-2 of the Infant Care Act, and Article 38 of the Enforcement Rule of the Infant Care Act in lieu of six months of the suspension of operation of the Child Care Center.

On September 14, 2018, the defendant filed an administrative litigation against this, and the Incheon District Court rendered a judgment revoking the imposition of the penalty surcharge on the ground that the defendant had exercised considerable care and supervision over the prevention of abuse.

The above judgment became final and conclusive around that time.

(Macheon District Court 2018Guhap52383). (c)

The relevant provisions of the Management Rules of the instant apartment building prior to the amendment on April 23, 2018 shall be as follows (the management rules prior to the amendment on April 23, 2018) Article 29 [1] (where it is deemed that a proposal passed by the council of occupants' representatives violates relevant provisions, the following persons shall file a request for reexamination to the council of occupants' representatives pursuant to attached Form 8: