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1. The defendant's decision of recommending reconciliation on August 31, 2004 regarding the lease deposit case against the plaintiff of this court 2004Kadan45094.
Reasons
1. Facts of recognition;
A. On March 7, 2002, the Plaintiff leased approximately 20 square meters of the second-class housing (hereinafter “instant housing”) among the three-story buildings owned by the Plaintiff to the Defendant on March 7, 2002, with the lease deposit of KRW 32 million and the lease term of KRW 2,00,000. The Defendant around that time paid the Plaintiff the lease deposit of KRW 32 million and resided in the instant housing.
B. The defendant filed a lawsuit seeking the return of the above lease deposit with this court 2004da45094 after the term of lease expires, and this court in the above case "the plaintiff shall pay 32 million won to the defendant until September 30, 2004. If the plaintiff delays the above payment date, the court decided to recommend settlement that "the plaintiff shall pay damages for delay calculated at the rate of 20% per annum from October 1, 2004 to the date of full payment." The above decision was finalized on August 31, 2004.
(hereinafter referred to as the “decision of recommending reconciliation of this case”).
However, the Plaintiff did not refund the above lease deposit to the Defendant not later than the date determined in the decision of recommending the settlement of this case. Even after the decision of recommending the settlement of this case became final and conclusive, the Defendant continued to sublease the housing of this case to a third party or to use it in the form of direct residence.
The Plaintiff paid the Defendant KRW 1 million on April 1, 2014, KRW 14 million on April 10, 2014, KRW 14 million on April 10, 2014, and KRW 17 million on April 17, 2014, and returned the deposit in full to the Defendant, and the Defendant handed over the instant house to the Plaintiff on April 15, 2014.
E. Meanwhile, the Defendant shall have an executory exemplification of the decision on recommending the settlement in this case as D in this court. The Defendant shall apply for a compulsory auction on the real estate owned by the Plaintiff with the amount of KRW 61,123,524 calculated at the rate of 20% per annum from October 1, 2004 to April 17, 2014 as to the above lease deposit amount of KRW 32 million as the claim claim amount.