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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, Articles 3, 4, 5, 6, 7, and 7 of the Reconciliation Clause in the attached Form.
Reasons
1. Basic facts
A. On February 6, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty D, setting the term of lease from February 1, 2012 to January 31, 2013 (12 months), the deposit amount of lease KRW 53 million, and the rent of KRW 7.5 million per month (excluding value-added tax) on the attached real estate list (hereinafter “instant lease agreement”).
B. The Plaintiff of the instant protocol of compromise and D applied for a compromise prior to the filing of a lawsuit regarding the instant lease agreement with the Seoul Southern District Court (hereinafter “instant protocol of compromise”) to the said court on April 9, 2012, which was prepared prior to the filing of a lawsuit as indicated in the attached Form No. 3 (hereinafter “instant protocol of compromise”).
C. After formulating the instant protocol of conciliation, the Plaintiff did not pay the monthly rent from November 2012, and did not pay management expenses from August 2012. Accordingly, the Defendants, who purchased the leased object from D, notified the Plaintiff on December 7, 2012, that the instant lease contract would be terminated on the ground that the rent was overdue, etc.
The Defendants purchased the leased object of this case from D on March 13, 2012, and completed the registration of shares in common under the names of the Defendants on April 30, 2012, and received an order to seize and collect claims for KRW 162,610,530 out of the claims, such as medical care benefit costs, against the Plaintiff’s third debtor National Health Insurance Corporation, on the ground that they succeeded to D’s lessor status as the assignee of the leased object of this case, and based on the foregoing protocol, were granted an execution clause succeeded to the instant protocol on the ground that he/she succeeded to D, and based on the above protocol, the Seoul Southern District Court issued an order to obtain the assignment of the execution clause on the instant protocol, and issued an order to
[Reasons for Recognition] Gap evidence Nos. 1 through 4, Eul evidence Nos. 19 and 20 (including the whole number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion on July 5, 2013 by the Defendants.