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(영문) 서울중앙지방법원 2017.09.08 2016가합523564

청구이의

Text

1. On August 26, 2013, the Seoul Central District Court rendered a protocol of conciliation against the Defendant’s assertion of building name No. 1468 dated August 26, 2013.

Reasons

1. Basic facts

A. On June 4, 2013, the Defendant completed the registration of ownership transfer on the grounds of public sale with respect to F Building Nos. 601 and 602 (hereinafter referred to as “instant real estate”) on the F Building Nos. 601 and 602 (hereinafter referred to as the “instant real estate”) in Suwon-si, Suwon-si, Suwon-si, and on the same day, completed the registration of ownership transfer on the grounds of trust to Han Bank, a trustee,

B. On June 3, 2013, Plaintiff A and B: (a) leased the instant real estate from the Defendant from June 10, 2013 to June 9, 2018; (b) the lease deposit amount of KRW 350 million; and (c) the monthly rent of KRW 20 million (from June 10, 2015, KRW 25 million shall be adjusted and increased according to price or rent fluctuations; and (d) from June 10, 2016, Plaintiff C and D jointly and severally guaranteed the obligation to pay monthly rent to Plaintiff A and Defendant under the instant lease agreement.

C. On August 26, 2013, the Plaintiffs and the Defendant drafted a protocol of compromise prior to filing a lawsuit (hereinafter “instant protocol of compromise”) with the Seoul Central District Court 2013Da1468 on August 26, 2013 regarding the instant lease agreement. According to Article 2(2) of the said protocol of compromise, in cases where the Plaintiff A and B have failed to pay the monthly rent for at least two years, or sub-leases the instant real estate to a third party without the Defendant’s written consent, the lease agreement shall be immediately terminated by the Defendant’s written notification, and the Plaintiff A and B shall immediately restore the instant real estate to its original state and deliver it to the Defendant.

[Reasons for Recognition] There is no dispute, each entry in Gap evidence 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The lawsuit of demurrer against a claim subject to one of the judgments on the cause of the claim is established with the claim indicated in the protocol of compromise.