청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1.The facts following the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1 to 4 (including branch numbers), by integrating the whole purport of the pleadings.
On March 1, 2011, the Plaintiff leased from the Defendant a building listed in the attached building list (hereinafter referred to as “instant store”) from the Defendant during the period from April 1, 201 to March 31, 201, with a lease deposit of KRW 200,000,000, monthly rent of KRW 13,50,000, and the period from March 31, 2013.
(hereinafter “Initial Lease Contract”). (b)
After that, on April 2, 2013, the Plaintiff again leased the instant store from the Defendant for the period from April 2, 2013 to March 31, 2015, with the lease deposit of KRW 200,000,000, monthly rent of KRW 18,500,000, and the period from April 1, 2013 to March 31, 2015.
(hereinafter “instant lease agreement”). C.
In addition, on May 24, 2013, the Plaintiff and the Defendant drafted the protocol of compromise prior to filing a lawsuit (hereinafter “instant protocol of compromise”) with the Busan District Court Decision 2013No. 299 regarding the instant lease agreement, such as the content indicated in the separate protocol of compromise (hereinafter “instant protocol of compromise”), and Article 1 and 2 of the said protocol of compromise (hereinafter “instant provisions”).
Meanwhile, at the time of the conclusion of the above first lease contract, the Plaintiff occupied the store of this case from the Defendant and operated a cosmetic up to the date of the conclusion of the argument of this case.
2. The plaintiff's assertion and judgment
A. First, at the time when the Defendant entered into the initial lease agreement, the Plaintiff agreed to guarantee the Plaintiff the lease term of the instant store for at least five years, and the instant protocol of settlement was prepared in preparation for the case where the lease contract is terminated due to the Plaintiff’s delinquency in rent or other violation of obligations, etc. Therefore, the Defendant’s compulsory execution pursuant to the instant protocol of settlement should not be permitted on the ground that the lease term expires.