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(영문) 서울북부지방법원 2018.11.13 2018가단12787
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 28, 2016, the Defendant concluded a lease agreement with the purpose of the lease as to the Han River as well as the amount of KRW 200 million (hereinafter “instant building”) among the Nadong 21 and Radong 9 (hereinafter “instant building”).

B. Around June 20, 2017, the Defendant drafted a protocol of conciliation with the following content while doing harm to the telephone system for filing a lawsuit with the Seoul Northern District Court Decision 2017No. 37.

(hereinafter referred to as “instant protocol of conciliation”) 2. The Han Riverme Date shall pay to the Defendant the monthly rent of KRW 22 million from the date of the settlement to December 31, 2017, and the monthly rent of KRW 23 million from January 1, 2018 to December 31, 2018, as well as the use and management expenses to the Defendant on the last day of each month.

3. When the Han River thesis subleases the above building to another without the consent of the applicant, or fails to pay the monthly rent and use management expenses as stated in Paragraph 2 not less than three times from the date of the settlement of this case, it shall lose the benefit of time, and the defendant pays the remainder after deducting the monthly rent and use management expenses from the lease deposit on the Han River Day, and simultaneously delivers the building of this case to the defendant without delay.

However, if this building does not immediately be delivered or restored to the original state, the expenses for its removal, restitution, expenses for the transfer and storage of the articles owned by the Han River to an appropriate place shall be deducted from the deposit of the Han River as well as the expenses for the transfer and storage of the articles owned by the Han River.

C. However, the Han River thesis did not pay monthly rent and use management expenses.

On April 6, 2018, the Defendant received the execution clause concerning the instant protocol of conciliation and delegated the delivery of real estate to the Defendant, and around July 4, 2018, the Seoul Northern District Court 2018No1360 enforced the delivery of real estate.

On the other hand, an execution officer kept the instant objects in the process of executing the delivery execution of real estate related to the instant building, and the Plaintiff around August 8, 2018.

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