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(영문) 서울중앙지방법원 2020.11.04 2020가단5011509

청구이의

Text

1. Seoul Central District Court 2018Gadan5240298 (Delivery) against the Defendant’s Plaintiff and the Seoul Central District Court 2019Gadan51382.

Reasons

1. Basic facts

A. The Plaintiff leased the instant real estate to the Defendant, as the owner of the 145.56 square meters of the 1st floor of the Seocho-gu Seoul Metropolitan Government Land Building (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). B.

On November 13, 2018, the Plaintiff filed a lawsuit against the Defendant to claim for the transfer of the instant real estate on the grounds of the termination of the instant lease agreement (Seoul Central District Court Decision 2018Da5240298, and the Defendant filed a counterclaim against the Defendant to claim damages under the Seoul Central District Court Decision 2019Ga513682 on the grounds that the Plaintiff interfered with the opportunity to recover the premium.

C. On September 18, 2019, the following mediation was established in the said litigation procedure (hereinafter “instant mediation”). A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) delivered the instant real estate to the Plaintiff (Counterclaim Defendant) by December 31, 2019;

B. The Plaintiff (Counterclaim Defendant) paid KRW 70,000,000 to the Defendant (Counterclaim Plaintiff) simultaneously with the delivery of the said real estate from the Defendant (Counterclaim Plaintiff).

2. The Defendant (Counterclaim Plaintiff) refers to the Plaintiff (Counterclaim Defendant) to perform the obligation to deliver the real estate under the above paragraph (1) in the present condition, and the Plaintiff (Counterclaim Defendant) is not entitled to claim restitution costs against the Defendant (Counterclaim Plaintiff).

3. The Defendant (Counterclaim Defendant) does not claim against the Plaintiff (Counterclaim Defendant) the premium on real estate mentioned in paragraph (1) above and the damages on the basis thereof.

4. Both the Plaintiff (Counterclaim Defendant)’s remaining principal claim and the Defendant (Counterclaim Plaintiff)’s remaining counterclaim are waived.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

The Defendant attempted to deliver the instant real estate to the Plaintiff on or around December 1, 2019, but the Plaintiff received keys and Article 1-B of the instant conciliation protocol on the ground that there was benefit of time until December 31, 2019 as stated in the instant conciliation protocol.

The lease deposit of this case shall be KRW 70 million (hereinafter referred to as “the lease deposit of this case”).