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(영문) 서울중앙지방법원 2015.04.14 2014가단5192766 (1)
청구이의
Text

1. The defendant's objection against the plaintiff is against this court's protocol of removal of house and delivery of land.

Reasons

1. Facts of recognition;

1. The Defendant is a building on the ground of 13.1 square meters inboard connecting the points of the attached drawing (attached sheet omitted), (b), (c), (d), and (a) among the 60.5 square meters in Jongno-gu Seoul Metropolitan Government E-Ma, and the Plaintiff (hereinafter “instant building”).

(a) 5 years from July 4, 2008 to July 4, 2013:

(b) monthly rent of KRW 270,000;

(c)to lease in a fixed amount of KRW 3,000,000;

2. Deposit 3,00,000 won shall be paid until July 31, 2008, and the monthly rent shall be paid from July 31, 2008 to the last day of each month.

3. In the event that the Plaintiff has failed to pay the deposit or has failed to pay the monthly rent for at least two months, the above lease contract is automatically terminated, and the Plaintiff removes the instant building and deliver its site.

On August 27, 2007, the Defendant filed a lawsuit against the Plaintiff and D seeking removal of the house and delivery of the site (this Court 2007Da311397) and was rendered a favorable judgment. The conciliation was concluded on July 4, 2008 from the appellate court (this Court 2007Na37478) that the Plaintiff appealed and proceeded, and the conciliation was concluded as follows.

(hereinafter referred to as “instant protocol of mediation”). (b) The protocol of mediation concerning the above mediation is “instant protocol of mediation.”

The Defendant failed to pay the rent several times from July 4, 2008 to July 4, 2013. Since July 4, 2013, the Defendant applied for grant of the execution clause for compulsory execution, such as removal of the instant building. This court court clerk C granted the execution clause on April 26, 2013 (hereinafter “instant execution clause”). There is no indication that there is an order issued by the presiding judge in the instant execution clause.

C. Based on the instant protocol of conciliation and the instant execution clause, the Defendant filed an application seeking a decision seeking alternative enforcement, etc. by the F of this Court, G, etc., and the said application was cited on May 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

(a) Article 32 of the Civil Execution Act;

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