청구이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged in accordance with the facts and the purport of the entire arguments and arguments that have no dispute between the parties:
A. On September 13, 2016, the Defendant filed a lawsuit against the Plaintiff seeking the payment of unjust enrichment equivalent to the rent from September 1, 2016 to the completion of the name of the building indicated in the attached Form, based on the following grounds: (a) the order of the building as indicated in the attached Form; (b) the rent in arrears and the penalty; (c) the payment of KRW 20,200,000 in total; (d) the payment of overdue management expenses; and (e) the payment of the delayed payment expenses; and (e) the payment of unjust enrichment equivalent to the rent from September 1, 2016 to the completion of the construction
(hereinafter “Prior Case”). - On February 21, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease a lease deposit of KRW 60 million, monthly rent of KRW 5.5 million (excluding value-added tax), and the lease period from March 20, 2016 to March 19, 2019, and occupied and used the said building.
If the monthly rent under the above lease contract is overdue for at least three months, 10% of the deposit shall be paid as penalty, and if the management fee is overdue for at least one month, it shall be paid in addition to the interest for arrears of 18% per annum from the date of delinquency.
- On August 1, 2016, the Plaintiff failed to pay the management expenses and rent for the March, 4, 7, and August 2016, and the Defendant notified the Plaintiff of the termination of the said lease on the grounds of the delayed rent.
- The Plaintiff did not pay 20,200,000 won in total and 14,590,900 won in overdue rent and penalty until August 2016.
B. On January 19, 2017, the judgment in favor of the Defendant was rendered on January 19, 2017, as the Plaintiff did not appear on the date of pleading, even if the Plaintiff submitted a written response, or on the date of pleading.
Although the Plaintiff did not appeal the above judgment, the above judgment became final and conclusive on March 8, 2017.
C. On January 15, 2019, upon the final judgment of the preceding case, the Defendant started to enforce compulsory execution, including the transfer of real estate on the buildings indicated in the attached Form C to the Suwon District Court C, and executed it around that time.