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1. All of the plaintiff's claims are dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2016 Chicago5004
Reasons
1. Basic facts
A. On August 13, 2014, the Defendant: (a) determined and leased part of 329.3 square meters (hereinafter “instant building”) among the first floor of the 1st floor of Seongbuk-gu Seoul Special Metropolitan City, Seongdong-gu, as the lease term from August 13, 2014 to August 12, 2016; (b) KRW 50,000,000 for lease deposit; and (c) KRW 6,000,000 for rent monthly (payment on August 25, 2014) to the Plaintiff.
(hereinafter “instant lease agreement”). B.
On November 17, 2014, the Defendant, the lessor of the instant lease agreement, and the Plaintiff, the lessee, drafted a protocol of compromise prior to filing a lawsuit with the Suwon District Court Decision 2014No. 189, supra, as follows:
(hereinafter referred to as “instant protocol of conciliation”) the main contents of the protocol of conciliation in this case.
1. The Plaintiff shall restore the building of this case to its original state on August 12, 2016, the expiration date of the lease contract and deliver it to the Defendant.
2. If the Plaintiff commits the following acts, the Defendant may terminate the contract, and the Plaintiff shall deliver the leased object to the applicant one month after receipt of the Defendant’s notice of termination. A.
When he/she delays rent or management fee for at least two months;
(b) When he transfers or subleases all or part of the rights and duties under this contract to another person without a prior approval of the defendant;
(d) Where it substantially conflicts with the common interest of the entire commercial building or substantially disturbs communal order.
4. In the event that the plaintiff transfers the right of lease to another person, subleases the right of lease, provides security, or delays the monthly rent of not less than two years, the defendant may terminate the contract even before the expiration of the contract period. The plaintiff shall deliver the building of this case to the defendant immediately after receiving the notice of termination from the defendant
5. The Plaintiff’s duty of delivery is to simultaneously pay the remainder remaining after deducting the unpaid rent, overdue charge, etc. from the security deposit and management deposit, to the Plaintiff.
C. On January 5, 2016, the Defendant rendered an execution clause with regard to the instant protocol of conciliation from Suwon District Court Branch D.