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(영문) 대구지방법원 2017.01.13 2016가단1592
집행문부여에대한이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. B, on May 21, 2014, as a lessor of the real estate listed in the [Attachment List (hereinafter “instant real estate”), filed an application for conciliation with the Daegu District Court against the Plaintiff, the lessee, and on July 2, 2014, adjusted the details as follows with the Plaintiff:

(F) On December 31, 2015, the term of lease on real estate in this case shall be December 31, 2015, and monthly rent shall be KRW 5 million (Additional rent separately), and monthly rent shall be paid on 15th day of each month.

2. The Plaintiff confirms that the monthly rent in arrears by June 30, 2014 is KRW 35,807,00 (Additional Tax Map).

3. From July 2014 to December 2014, the Plaintiff shall pay B the monthly rent of KRW 5 million, plus KRW 10 million,00,000,000, which is the monthly rent of KRW 5 million, and the monthly rent of KRW 5 million,000,000, which is the monthly rent of KRW 10,807,000, plus five million, which is the monthly rent of KRW 5,000,000, which is the overdue in January 15, 2015, and the monthly rent of KRW 10,807,00,000, which is the monthly rent of KRW 5,000,000, from that date, shall be paid on the 15th day of each month.

4. If the Plaintiff delays the payment of the monthly payment twice as above, the Plaintiff orders the Plaintiff to this case’s real estate B at the end of the second month of the delay.

B. On May 7, 2015, B filed an application with the Daegu District Court for granting an execution clause under the above protocol, and the above court administrative officer of Grade IV granted the execution clause to B on May 8, 2015, and B filed an application for the enforcement of the name of the instant real estate in the Daegu District Court No. 2015No4984 case on December 23, 2015.

C. On June 5, 2016, while the instant lawsuit was pending, B died on June 5, 2016, and Defendant D and E, the spouse of Defendant C and E, took over the instant lawsuit.

(hereinafter referred to as “B”). [Ground for recognition] The fact that there is no dispute

2. The assertion and judgment

A. The plaintiff alleged that he did not violate the obligation to pay monthly rent under the above adjustment clause, and as a matter of course, the real estate of this case is naturally subject to the expiration of the lease term on the instant real estate.

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