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(영문) 광주지방법원목포지원 2019.11.27 2018가단6837
건물명도(인도)
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached Form 2 among the first floor of the real estate listed in the annexed Table 1 list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 7, 2015, the Plaintiff entered into a lease agreement with the Defendant with the term of KRW 10 million for the instant building; the term of lease from March 2, 2015 to KRW 60; and the term of lease from March 2, 2015 to KRW 300,000 for each month (hereinafter “instant lease agreement”); and around that time, the Defendant paid the Plaintiff the said lease deposit amount of KRW 10 million (hereinafter “the instant lease deposit”).

B. On February 12, 2018, the Plaintiff asserted that the instant lease contract was terminated on the grounds of the Defendant’s unpaid rent, and filed a lawsuit seeking the delivery of the instant building against the Defendant (Seoul District Court Decision 2017Da5981), and the following adjustment was established on February 12, 2018:

(hereinafter “instant conciliation”). Conciliation provisions

1. The Defendant shall pay to the Plaintiff the rental fee of KRW 6 million up to January 2018, based on the instant lease agreement for the instant building, up to March 10, 2018.

2. The Plaintiff’s repair of the broken boiler of the instant building by March 10, 2018 shall not hinder the Defendant from using the leased building.

3. Paragraphs 1 and 2 shall be simultaneously implemented.

4. If the plaintiff and the defendant fulfilled their obligations under paragraphs (1) and (2), the plaintiff confirmed that the term of the lease agreement on the building of this case against the defendant was until March 1, 2020, and the defendant delivered the building of this case to the plaintiff on March 1, 2020.

5. The defendant shall pay the plaintiff the monthly rent of KRW 300,000 to the plaintiff on the second day of each month during the period specified in paragraph 4.

6. The plaintiff waives his remaining claims.

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

C. Since then, the Plaintiff newly built the boiler of the instant building, the Defendant did not pay the unpaid rent and the subsequent rent as stipulated in the instant conciliation clause (1) and did not occupy the instant building until now.

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