청구이의
1. Compulsory execution based on the conciliation protocol against the Defendant’s Plaintiff is 4,127,327 won and compulsory execution against the Defendant’s Plaintiff.
1. Facts of recognition;
A. On November 22, 2015, the Defendant leased the lease deposit amount of KRW 60,000,000, and the lease term of December 13, 2016, the building D (hereinafter “instant building”) from the Plaintiff from the Plaintiff on the Militaryposi-si (hereinafter “instant building”).
B. The Defendant filed an application with the Plaintiff for conciliation against the Plaintiff for the payment of the lease deposit, and on February 17, 2017, in the Incheon District Court 2017 money60826 conciliation case, the said court paid KRW 60,000,000 to the Defendant by March 31, 2017. In the event that the Plaintiff fails to pay the said money by the said date, the Plaintiff shall pay the Defendant the amount unpaid plus damages for delay at the rate of 15% per annum from the day after the date of payment until the date of full payment. The said decision was finalized on March 9, 2017.
(hereinafter “instant protocol of mediation”) C.
According to the instant protocol, the Defendant applied for a compulsory auction of real estate on May 16, 2017 for the real estate owned by the Plaintiff. On May 17, 2017, the Incheon District Court E rendered a decision to commence the compulsory auction of real estate.
In applying for a compulsory auction, the Defendant paid the total amount of KRW 379,210,00 for public charges, such as registration license tax, local education tax, stamp, delivery fee, and registration fee, and KRW 1,50,000 for the auction proceeds. Of the auction proceeds, KRW 645,800 for the auction proceeds was paid, and KRW 854,200 remains in balance due to the suspension of the auction procedure.
The Plaintiff: (a) on the ground that the Defendant unpaid KRW 843,380 for the management expenses of the instant building incurred from October 10, 2016 to June 9, 2017; (b) deposited the instant building with the method of electronic deposit after deducting them from the lease deposit; (c) on July 3, 2017, the deposit officer of the Suwon District Court issued a deposit acceptance disposition with the Suwon District Court No. 5550 for the deposit management on July 3, 2017; and (d) on July 4, 2017, the Plaintiff paid KRW 59,156,620 for the deposit (= KRW 60,000 for the lease deposit - KRW 843,380 for the unpaid management expenses of the Defendant).
On July 13, 2017, the defendant reserved an objection and paid the deposit money.
(e).