집행문 부여에 대한 이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Lease 1) On July 23, 2008, the Defendant: (a) between C and C’s spouse D around July 23, 2008; (b) between C and D’s spouse D, the second floor of 128.12m2, the third floor of 137.07m2, and 109.21m2, each of which is 4m2 (hereinafter “instant real estate”).
(2) On June 1, 2013, the Defendant: (a) concluded a lease agreement to lease the instant real estate; and (b) concluded a lease agreement to lease it with C and leased it to C as of June 1, 2013; (c) KRW 60 million in lease deposit; monthly rent of KRW 6050,000 (excluding value-added tax; hereinafter the same shall apply); and (d) the period from June 1, 2013 to May 31, 2014.
3) As between May 28, 2014, the Defendant leased the instant real estate to C with a lease agreement fixed as KRW 60 million for a deposit, period from June 1, 2014 to May 31, 2015, and KRW 6.3 million for a monthly rent (25,000,000) (hereinafter “instant lease agreement”).
(4) On March 26, 2015, the Defendant notified C of the absence of an intention to renew an additional lease agreement after May 31, 2015, and C received the said notification on March 27, 2015.
B. The Defendant filed a provisional disposition prohibiting the transfer of real estate (Seoul Central District Court 2015Kadan80318) with C on April 20, 2015, and received the ruling of acceptance on April 20, 2015. (2) The Defendant filed a lawsuit against C to seek unjust enrichment equivalent to the delivery of the instant real estate and the rent (Seoul Central District Court 2015Kadan518925) due to the termination of the instant lease agreement. On October 22, 2015, the Defendant was sentenced to “C delivers the instant real estate to the Defendant, and paid the money calculated at the rate of KRW 6.3 million each month from June 1, 2015 to the completion date of the delivery of the instant real estate.”
(hereinafter referred to as the “instant judgment”) C had filed an appeal (Seoul Central District Court 2015Na64772), but the instant judgment became final and conclusive on September 7, 2016 after having been sentenced to the dismissal of an appeal on August 12, 2016. (c) The Plaintiff is the omission of C’s execution clause.
2 C “F” in the instant real estate on July 29, 2013.