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(영문) 서울중앙지방법원 2018.06.08 2017나87779
건물명도(인도)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 2010, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the attached list (hereinafter “instant building”) with a deposit of KRW 4 million, monthly rent of KRW 3.2 million, and from March 1, 2010 to February 29, 2012, the lease agreement was concluded between the Defendant and the Defendant, which was leased to the Defendant by setting the period of lease from March 1, 2010 to February 29, 2012. At that time, the Plaintiff received the above deposit from the Defendant and delivered the above lease portion to the Defendant.

The Plaintiff and the Defendant increased the monthly rent of KRW 3.5 million on February 29, 2012, and renewed the said contract by setting the lease period from March 1, 2012 to February 29, 2014. The said contract was renewed by setting the lease period on February 26, 2014 from March 1, 2014 to February 29, 2016.

(hereinafter referred to as “instant lease agreement”). B.

The Defendant operated the PC on the part inside the ship, which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 in sequence, among the above underground floors (hereinafter “instant store”), excluding the warehouse corresponding to approximately 4 square meters (hereinafter “instant warehouse”), and the Plaintiff continued to use the PC even after the conclusion of the lease contract.

C. On May 26, 2015, the Defendant operated the PC at the instant store, water leakage was generated due to the breakdown of the first floor septic tank of the instant building, and sewage was discharged into the instant store.

(hereinafter “instant accident”). D.

On the same day, the Plaintiff entered into a service contract for the collection and treatment of excreta with a company specializing in entertainment environment, and prevented the leakage of sewage by cleaning the aforesaid septic tank, completed the repair of the septic tank on the 27th of the same month. On June 11, 2015, the Plaintiff entrusted the company specialized in smell removal to perform the smell removal of sewage of the instant store, and exempted the Defendant from the obligation to perform the smell removal work on June 2015 of the instant store.

The defendant shall be the inflow of sewage.

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