(영문) 대전지방법원 2014.11.27 2013가단48859

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(영문) 대전지방법원 2014.11.27 2013가단48859

청구이의

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1. The Daejeon District Court 2010Kadan25633 Decided the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) case.

Reasons

1. Basic facts

A. On March 19, 2009, the Plaintiff entered into a lease agreement with Defendant B on the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 30 million,000,000, monthly rent of KRW 600,000, and the period from March 19, 2009, for a period of twelve months from March 19, 2009. The Defendants asserted that they jointly occupy the instant building, and filed a lawsuit against the Defendants on the claim against the Daejeon District Court 2010Da25633, building name.

B. In the aforementioned litigation proceedings, conciliation is concluded between the Plaintiff and the Defendants on November 16, 2010, and “1. The Defendants ordered the Plaintiff to order the instant building until March 27, 201.

2. The Plaintiff shall pay to the Defendants the remainder of money obtained by deducting the amount calculated at the rate of KRW 600,000 per month from June 1, 2010 to the ordering date of the instant building from KRW 30,000,000, when the seizure of the lease deposit for the instant building was cancelled at the same time with the order of the Defendants.

3. The plaintiff's remaining claims shall be waived.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

“The instant protocol of mediation (hereinafter referred to as “instant protocol of mediation”) was prepared.

C. According to the instant protocol, the Defendants filed an application for compulsory auction of real estate D with Daejeon District Court, and the said court rendered a ruling to commence compulsory auction of real estate on November 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. From 30,00,000 won for lease deposit to be returned to the Defendants according to the instant protocol of mediation, the Plaintiff’s assertion remains KRW 3,410,00 if the Plaintiff deducts KRW 1,20,000,00 for the expenses incurred in restoring the instant building damaged to its original state, and KRW 1,20,000 for the rent for two months incurred in restoring the building to its original state, and KRW 3,410,000 for overdue rent. The Plaintiff’s claim against the Plaintiff for the refund of the lease deposit against the Defendant B.

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