건물명도(인도)
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).
(b) Branch offices;
4. Defendant E;
1. On February 11, 2020, each of the above clerks requested the Plaintiff to postpone compulsory execution on the following terms, prior to the execution of compulsory execution in accordance with the required judgment (2018Gahap55067). The Plaintiff and the Plaintiff’s legal representative agree on the premise that the following conditions are fulfilled:
Each letter shall pay KRW 112,530,00,00 (from July 8, 2017 to February 8, 2020), which is the amount according to the first instance court ruling (2018,55067), and KRW 100,00,00,000, which is the lease deposit under the same conditions (the same period and monthly rent) of the existing lease agreement, by February 12, 2020, which is the sum of KRW 212,530,00,00,000, which is the date of payment.
B. Each letter has granted KRW 5 million to A, which is a part of the money for non-performance of compulsory execution.
C. The appellate court shall withdraw.
2. If the contents of the above 1. Paragraph 1. are not fulfilled, each of them may immediately object to voluntary and subsequent compulsory execution.
On February 11, 2020, the illegal part on the leased object (i.e., H warehouse (ii. I warehouse) of the building of this case added is the solution of the lessor on December 31, 2020 after the new lease contract was concluded.
4) The Defendants failed to pay to the Plaintiff the amount of money under Article 1-A (a) of the instant performance rejection letter. [The facts that there is no dispute over the grounds for recognition, each entry in the evidence Nos. 7 and 8, and the purport of the entire pleadings]
B. Determination 1) In a case where the parties to a lawsuit have agreed to withdraw an appeal outside of a lawsuit, such agreement shall be valid and thus, the appeal shall be dismissed (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). 2) As seen earlier, the Defendants agreed to postpone execution pursuant to the judgment of the first instance on the condition that the Plaintiff withdraws the instant appeal between the Plaintiff and the Plaintiff outside of the lawsuit after filing an appeal against the judgment of the first instance, and provided that there is no other evidence to deny the validity of the said agreement, the Defendants shall be dismissed.