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1. The plaintiff's claim is dismissed.
2. On March 27, 2015, this Court has regard to cases where a request for suspension of compulsory execution is filed by this Court.
Reasons
1. Basic facts
A. On June 7, 2011, the following adjustments were concluded between the Defendant and the Plaintiff (at the time, the Plaintiff was performing a lawsuit as the appointed party; hereinafter “Plaintiff”) in the instant case involving removal of buildings, etc. by the Defendant against the Plaintiff and C.
① The Plaintiff shall pay KRW 3,00,000 to the Defendant by August 1, 2011.
② The Defendant and the Plaintiff enter into a lease agreement on the land indicated in the separate sheet, and the Plaintiff shall pay to the Defendant the rent of KRW 1,500,000 per annum from the last day of September 201 to the delivery of the said land.
③ If the Plaintiff did not pay the money stated in the foregoing paragraph (1) or did not pay the rent stated in the foregoing paragraph (2) more than twice, the above lease agreement is terminated, and the Plaintiff and the Selection C remove the buildings listed in the attached Table and deliver the land indicated in the attached Table to the Defendant.
④ The Defendant waives the remainder of the claim.
B. On November 14, 2014, the Defendant notified the Plaintiff that “The Plaintiff was in arrears obligated to pay at the end of September 201 and end of September 2014, the Plaintiff terminated the lease agreement concluded with the Plaintiff and requested the Plaintiff to remove the buildings indicated in the separate sheet and deliver the land indicated in the separate sheet.” On December 19, 2014, the Defendant applied for the grant of the execution clause to the instant protocol of conciliation to the instant court. The instant court granted the execution clause to the instant protocol of conciliation on December 22, 2014.
Accordingly, the Plaintiff brought an action of demurrer against grant of execution clause under this Court 2014Kaga1878. On January 5, 2015, this Court decided that the execution clause granted on December 22, 2014 to the instant protocol between the Plaintiff and the Defendant was revoked.
C. On January 8, 2015, the Defendant filed an application with the instant court for granting an execution clause to the instant protocol of conciliation, and this court granted an execution clause to the instant protocol of conciliation on January 12, 2015.
[Reasons for Recognition] There is no dispute, Gap, 1.