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The plaintiff's claim is dismissed.
This Court made April 29, 2020 as to the case of applying for the suspension of compulsory execution in 2020 Canada.
Reasons
1. On July 7, 2011, the gist of the Plaintiff’s assertion: (a) the Defendant leased the instant store to C, who is his/her father, KRW 30 million; (b) the monthly rent of KRW 1 million; and (c) the lease period from August 20, 201 to August 19, 2016; and (d) on August 19, 2016, the Plaintiff leased the instant store to the Plaintiff, with the lease period of KRW 1.5 million per month; and (c) the lease period of the instant store from August 19, 2016 to ten years.
In other words, after August 19, 2016, the tenant of the store of this case is not C but the plaintiff. The defendant filed a lawsuit against C to claim the delivery of the store of this case under Section 217513, which was prepared with C upon the occurrence of the dispute with the plaintiff, and when the decision in lieu of the conciliation issued on November 29, 2018 becomes final and conclusive, compulsory execution against the store of this case was enforced with the title of execution.
The Plaintiff, a lessee of the instant store, has a benefit in preventing the said compulsory execution.
2. As alleged by the Plaintiff, there is no evidence to acknowledge that the Plaintiff leased the instant store from the Defendant on August 19, 2016.
Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 4, 5, and 6 in the above 2018 Ghana, C appointed an attorney-at-law and actively respondeded to the above 217513 lawsuit claiming that he/she is the lessee of the store in this case. C also concluded a lease contract with the defendant around August 19, 2016 in the above lawsuit.
The facts alleged in this case (as asserted in this case, as to the terms of the lease agreement, increase the rent in KRW 1.5 million per month.
(C) The fact that the attorney appointed by C in the instant case was served with a written decision in lieu of the conciliation of the claim purport, and became final and conclusive as it did not raise any objection, including that “C delivers the instant store to the Defendant by August 31, 2019.”