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1. Of the instant lawsuit, the Daejeon High Court on October 5, 2018 against the Defendants’ Plaintiff (Main Court Decision 2018Na 12641, October 5, 2018).
Reasons
1. Facts of recognition;
A. In around 2013, the Defendants concluded a lease agreement with the Plaintiff on the lease of each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff, and delivered the instant real estate to the Plaintiff and D.
B. In this regard, the Plaintiff and D did not pay the rent under the above lease agreement, and the Defendants filed a lawsuit against the Plaintiff, D, and E seeking delivery, withdrawal, and payment of unpaid rent, etc. of the instant real estate (Article 561 of the Daejeon District Court Decision 2017No. 561), and the Plaintiff filed a counterclaim seeking payment of beneficial expenses in the said lawsuit (Article 578 of the Daejeon District Court Decision 2017No. 578). On May 25, 2018, the said court rendered a judgment dismissing the Defendants’ claim of the principal lawsuit and dismissing the Plaintiff’s counterclaim.
(c)
Accordingly, the Plaintiff and D appealed [the Daejeon High Court 2018Na 12641 (Mains), 2018Na 12658 (Counterclaims)]. At the appellate court on October 5, 2018, the following mediation was established between the Defendants, the Plaintiff, and D (the protocol prepared pursuant to the above mediation protocol).
1. The Plaintiff and D shall be jointly paid KRW 60 million to the Defendants, but shall be paid KRW 20 million until November 30, 2018, KRW 20 million until December 31, 2018, KRW 20 million until December 31, 2018, and KRW 20 million until January 31, 2019.
If the plaintiff and D fail to pay each of the above amounts by the payment date, the amount payable shall be paid in addition to the delayed damages calculated at 15% per annum from the day following the payment date to the day of full payment.
2. The Plaintiff shall file an application for the registration of the preservation of ownership (for each of the Defendants’ 1/2 shares) in the name of the Defendants with respect to the real estate listed in the attached list No. 10 and the real estate listed in the attached list No. 11. However, the Defendants need to obtain administrative permission, etc. necessary for the registration of the preservation of ownership (for each of the Defendants’ respective shares) to the Plaintiff until October 31, 20