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(영문) 서울서부지방법원 2016.03.31 2015가단17503

건물명도

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On May 28, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate indicated in the separate sheet, and the Defendant violated the above contract agreement, such as holding office against others, and thus, filed the instant lawsuit against the Defendant seeking delivery of the said real estate, overdue rent, or unjust enrichment equivalent to rent. According to the evidence evidence No. 1, the Plaintiff and the Defendant may acknowledge the fact that all the disputes arising from the said contract at the time of the said lease agreement was concluded by the arbitration in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board, and thus, the instant lawsuit filed against the Defendant is unlawful as there is no benefit of lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.