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(영문) 서울남부지방법원 2019.06.04 2019재가합10001
건물명도(인도)
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

1. On May 9, 2018, the following content of the protocol of mediation (which is subject to quasi-examination) was prepared in this Court 2018Gahap1124 case between the Plaintiff and the Defendant, etc., and the fact that the protocol of mediation (which is subject to quasi-examination) was prepared is apparent.

1. Until May 31, 2018, Defendant C Building Management Association receives 160,887,813 won for public use management fees in arrears from the Plaintiff, and at the same time, ordered C Underground F to the Plaintiff (including a short and short-term cancellation), and issued a detailed statement of general management expenses out of the above public use management fees.

2. Until May 31, 2018, the Plaintiff received a detailed statement of general management expenses from Defendant C Building Management Association, among the above common management expenses, and received a letter of order from C Underground F, and at the same time, paid KRW 160,887,813 to Defendant C Building Management Association in arrears.

3. The Plaintiff waives each of the claims against Defendant B, Selected D, and Selected E and the remainder of the claims against Defendant C Building Management Council (excluding paragraph 4).

4. Disputes over 22,393,517 won in arrears with exclusive management expenses for the above stores between the Plaintiff and Defendant C Building Management Association shall be dealt with separately.

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

2. In the case of paragraph (3) of the protocol subject to quasi-deliberation of the Plaintiff’s assertion, if the Plaintiff’s separate claim for indemnity and claim for damages conflict with res judicata, it would have changed to “explosion or cancellation of claim” rather than “exploitation of claim,” taking into account the Plaintiff’s assertion, but the chairman of the conciliation committee omitted such determination and omitted it and stated it in the protocol, there is a ground for quasi-deliberation under Article 451(1)9 of the

3. A quasi-examination suit against the judgment protocol shall be allowed only when there are reasons stipulated in each subparagraph of Article 451(1) of the Civil Procedure Act. In a case where the ground alleged by the quasi-examination plaintiff does not correspond to it, the lawsuit for quasi-examination is unlawful.

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