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(영문) 대전지방법원 2020.02.12 2019재가단31

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. On June 15, 2018, the Plaintiff filed a lawsuit against the Defendant with Daejeon District Court 2018Gadan213450, seeking delivery of the part of the 1st floor among the buildings listed in the attached Table (hereinafter “the part of the instant building”) among the buildings indicated in the attached Table as the Daejeon District Court 2018Gadan213450, and the fact that the conciliation was concluded on January 31, 2019 when the said lawsuit is pending and the conciliation was completed, and the protocol for quasi-examination (the protocol subject to quasi-examination) is clearly recorded in the record or can be acknowledged by the purport of

1. The Defendant shall deliver to the Plaintiff real estate listed in the attached list by February 16, 2019.

2. The Plaintiff shall pay KRW 10,000,000 to the Defendant simultaneously with the delivery of real estate from the Defendant.

3. The above;

1.2. Paragraph (2) is related to each other's simultaneous performance.

4. If the Plaintiff did not pay the above KRW 10,00,000 even though the Defendant fulfilled its duty of delivery under the above Paragraph 1., the Plaintiff shall pay the above 15% interest per annum from the day following the completion of delivery to the day of full payment.

5. On the contrary, if the defendant fails to perform the above delivery obligation despite the plaintiff's performance of the above 2.2., the defendant shall pay to the plaintiff penalty calculated at the rate of KRW 500,000 per month from the day following the completion of the payment of money until the completion of delivery.

6. The above;

1.2. In the event that each obligation described in paragraph 2 is fulfilled, it is confirmed that all claims and obligations relating to a lease agreement between the Plaintiff and the Defendant regarding real estate listed in the separate sheet do not exist any longer.

7. The plaintiff's remaining claims shall be waived.

8. The costs of lawsuit and the costs of mediation shall be borne by each person;

2. Determination as to whether there exists a ground for quasi-examination

A. The defendant's mediation date was completed only under paragraphs (1) through (5) of the mediation provision of the quasi-examination protocol at the time of the mediation of the defendant's assertion.

1.2 If each obligation described in paragraph 2 is fulfilled, the attachment between the Plaintiff and the Defendant.