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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit for the delivery of a building, etc. with the Suwon District Court 201Ga12583, Suwon District Court 2015Da12583, which asserted that the lease deposit No. 105, No. 101, No. 901, which was owned by the Defendant, was KRW 15 million, KRW 1.4 million, monthly rent, and KRW 1.4 million from October 15, 2013, the lease term of which was set as one year, and that the lease was terminated on the ground of rent arrears, and the Defendant filed a lawsuit for the delivery of a building, etc. with the Plaintiff and D as a co-defendant. On July 6, 2016, the said court rendered a ruling of recommending a compromise (hereinafter referred to as the “decision
Decisions
1. The Plaintiff and D jointly deliver to the Defendant, Yong-si, Young-si, the C Apartment No. 105, 901, and pay the money calculated by the ratio of KRW 1,300,000 per month from October 7, 2014 to the completion date of delivery of the said real estate.
2. 3. (Omission)
B. On July 22, 2016, the Plaintiff and the Defendant did not raise an objection to the instant decision of recommending reconciliation, which became final and conclusive on July 22, 2016.
C. Meanwhile, on September 20, 2016, D filed an objection to the decision of recommending reconciliation of the instant case and rendered a judgment on September 20, 2016 that “D shall deliver the instant apartment to the Defendant.”
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 11, Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion did not have entered into a lease agreement with the Defendant as to the instant apartment with a deposit of KRW 15 million, monthly rent of KRW 1.4 million, and from October 15, 2013, with a term of one year from October 15, 2013, and there was no fact that the Plaintiff entered into a monthly lease agreement (Evidence A) with the said content.
Nevertheless, the defendant has forged the apartment monthly rent contract and applied it as evidence, and filed a lawsuit for delivery of building, etc. by Suwon District Court 2015dan122583, so compulsory execution based on the decision of recommending settlement of this case shall be rejected.
(b) A decision to recommend reconciliation shall have the same effect as a judicial compromise unless there is an objection to it within the prescribed period.