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(영문) 광주지방법원 2017.05.17 2017재머18

건물명도(인도)

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Reasons

1. Basic facts

A. The Plaintiff asserted as follows in a lawsuit subject to review.

On October 31, 2015, the Plaintiff entered into a lease contract with the Defendant for the rental deposit of KRW 20 million, monthly rent of KRW 500,000, and the term of lease from November 16, 2015 to November 16, 2017.

However, on December 4, 2015, the Plaintiff, as the Defendant did not prepare the deposit, set the deposit for lease at KRW 10 million, monthly rent at KRW 550,00,000, and delivered the instant apartment to the Defendant.

However, the defendant paid the monthly rent only once, and did not pay it at all thereafter.

The plaintiff on March 31, 2016 to the defendant

4. 7. Notice to the effect that the lease contract will be terminated, and the Gwangju District Court 2016da17588 filed a lawsuit as stated in the purport of the claim.

B. The instant case was referred to the conciliation by the Gwangju District Court 2016s. On October 6, 2016, at the conciliation date, the conciliation protocol was concluded as follows (hereinafter “instant conciliation”) was prepared while the Defendant was present at the Defendant’s meetings by the Plaintiff, the Defendant, and the Intervenor C (the mother of the Defendant) at the conciliation date, and the conciliation protocol was prepared.

The above protocol was served on the defendant and C around October 17, 2016.

1. The Defendant and the Intervenor C ordered the Plaintiff to order the building indicated in the attached Table by February 6, 2017.

2. Until February 6, 2017, the Plaintiff paid to the Defendant KRW 3,950,000 (a deposit of KRW 10,000 less the rent up to that point, and if the Defendant orders even before February 6, 2017, the Plaintiff calculated the date on the basis of KRW 550,000 for the reduced period, and paid the money in addition to the Defendant).

3. Paragraphs 1 and 2 above shall be simultaneously implemented.

4. The costs of lawsuit shall be borne by each person;

C. On February 28, 2017, the Defendant filed a lawsuit for quasi-deliberation of the instant case.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. The defendant's assertion and judgment

A. The defendant's assertion.