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1. The lawsuit against the claim for extradition of real estate in the principal lawsuit of this case shall be dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 5 and Eul evidence 3:
On March 5, 2013, the Plaintiff and the Defendant concluded a lease agreement with the Defendant on the condition that the Plaintiff shall pay the lease deposit amount of KRW 50 million, monthly rent of KRW 310,000 (excluding value-added tax) to the Defendant on the 28th day of each month, and the Defendant paid all the lease deposit to the Plaintiff by March 31, 2013.
B. On March 26, 2013, the Plaintiff filed an application with the Defendant for the settlement prior to filing a lawsuit against the Seosan Branch of the Daejeon District Court for the instant building name No. 2013, the settlement prior to filing a lawsuit, including the following, was established, and the protocol of conciliation (hereinafter “instant protocol of conciliation”).
1. Where the real estate lease contract concluded on March 5, 2013 between the claimant and the respondent on the real estate stated in the separate sheet has been terminated, the respondent (=the defendant) shall deliver to the applicant (=the plaintiff) one, two, four, and five of the above real estate, and also specify three.
2. When the above contract is terminated, the applicant shall refund 50,000,000 won to the respondent.
3. The respondent shall pay 3,100,000 won to the applicant for rent from April 1, 2013 to the end of the above contract on the 28th day of each month.
6. Where the respondent fails to pay the monthly rent for at least three months, or violates any provision of paragraph (5), the Claimant may immediately terminate this real estate lease agreement concluded on March 5, 2013 between the Respondent and the Respondent.
7. When the above contract is terminated under paragraph 6, or when the above contract is terminated, the respondent shall restore the above real estate to its original state and deliver and order it to the applicant, and the applicant shall have any damage incurred therefrom.