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(영문) 부산지방법원 2018.06.07 2016가단351784
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant based on the Busan District Court Decision 2015No. 478 was 33,000.

Reasons

1. Facts of recognition;

A. On July 9, 2008, the Defendant acquired the ownership of 1st floor D heading 57.09 square meters (hereinafter “1st floor store”) of Busan Shipping Daegu Building C, and on March 9, 2015, acquired the ownership of 2nd floor F of 205.12 square meters and 2nd floor G heading 105.57 square meters (hereinafter “2nd floor store”) of the same building from E, from March 9, 2015.

B. At the time of the Defendant’s acquisition of the 2nd floor store, the internal construction of the 1st and the 2nd floor store led by the above E with the 1st floor structure has not been completed and the 2nd floor store was purchased from E among disputes between the construction business operator and the 2nd floor store due to the construction cost, etc., and the remainder of the construction work has been entrusted to the Plaintiff who concurrently engages in artificial fishery

C. On July 7, 2015, the Plaintiff leased the instant store from the Defendant, without a deposit, from August 1, 2015 to January 31, 2016, separately from the foregoing construction project. The specific special terms and conditions are as follows.

- There is no deposit under a short-term lease agreement. - From August 1, 2015 to October 31, 2015, the mutual compulsory lease period shall be between the periods of lease, and the early termination may be based on the circumstances between November 1, 2015 to January 31, 2016.

- The rent shall be 20 million won per month for three months during the mandatory lease period, and the subsequent three months shall be 15 million won per month;

(value-added tax) . - To enter into a protocol for filing a complaint with respect to this lease.

On August 28, 2015, according to the above lease agreement, the Plaintiff and the Defendant drafted the following protocol of lawsuit telephone settlement as Busan District Court 2015No. 478.

(hereinafter “instant protocol of conciliation”). Reconciliation clause

1. The Plaintiff ordered the Defendant on February 1, 2016 to order the store of this case.

2. The Plaintiff shall pay the Defendant the monthly rent from August 1, 2015 to the completion of the building name map, on the seventh day of each month, and the Plaintiff shall pay KRW 20,000,000 (in addition, separate tax, and subsequent payment) from November 8, 2015 to November 7, 2015, respectively.

3. The plaintiff is above.

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