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(영문) 의정부지방법원고양지원 2016.04.28 2015가단25801
청구이의
Text

1. All of the plaintiff's lawsuits of this case are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On September 6, 2013, the Plaintiff entered into a lease agreement with the Defendant for lease (hereinafter “instant lease agreement”) at KRW 30,000,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax), and the lease agreement between September 30, 2013 and September 29, 2014 (hereinafter “instant lease agreement”).

Around September 29, 2014, the term of the instant lease contract was extended due to a conflict of opinion between the Plaintiff and the Defendant, or the renewal of the contract was not concluded. The Defendant reported the closure of the Dong Yangyang Tax Office on September 12, 2014, and moved out from the instant commercial building on or around September 29, 2014.

On October 8, 2014, the Plaintiff and the Defendant filed a lawsuit seeking the return of the lease deposit against the Plaintiff on October 8, 2014, as the Plaintiff did not receive a refund of the lease deposit from the Plaintiff, and the lower court was sentenced to a declaration of provisional execution accepting the Defendant’s claim to the effect that “the Plaintiff would pay the lease deposit amount of KRW 30,000,000 and damages for delay thereof to the Defendant” on December 24, 2014.

(hereinafter “instant judgment”). On January 14, 2015, based on an executory exemplification of the judgment of the first instance court of this case, the Defendant filed an application for compulsory auction on the Plaintiff’s real estate D with the competent court and received a decision to commence compulsory execution from the said court around that time.

Meanwhile, on October 22, 2014, the Plaintiff filed a lawsuit against the Defendant with the lower court seeking the amount of KRW 15,000,000,000,000,000,000, which is the overdue charge, for the restoration of the original state, for the restoration of the original state, for the restoration of the original state, and for the late payment of the water rate for the delayed payment of KRW 2014da36194, and for the delayed payment of the aforementioned amount, the lower court rendered a favorable judgment on April 1, 2015.

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