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(영문) 서울중앙지방법원 2017.08.07 2016가단5219313
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution No. 2016 Chicago3072, this Court

Reasons

1. Basic facts

A. On July 29, 2015, C and D representing the Plaintiff concluded a lease agreement that leases the instant building to the Plaintiff by the Defendant (hereinafter “instant lease agreement”).

Lease deposit: 100,000,000 won per month: the lease period of KRW 5,500,000 per month: Special Agreement from July 29, 2015 to September 30, 2016 (hereinafter “Special Agreement”).

3. Explanation that it is impossible to renew the contract for the real estate for lease upon the expiration of the contract (specific plans, such as the time of construction work and the required period).

5. Agreement between the lessor and the lessee to settle the terms of the lease before filing a lawsuit.

At the time of the conclusion of the instant lease agreement, D was a licensed real estate agent E, and C was a licensed real estate agent F.

C. The Defendant, as Seoul Central District Court 2015No. 1515, filed an application for reconciliation with the Plaintiff prior to filing a lawsuit, and on November 9, 2015, a compromise was concluded and a protocol of compromise with the following content (hereinafter “instant protocol of compromise”).

1. On July 29, 2015, the applicant (referring to the defendant) and the respondent (referring to the plaintiff) concluded a lease agreement on the building of this case owned by the applicant. The lease term shall be from July 29, 2015 to September 30, 2016, and the lease deposit shall be KRW 100 million.

2. The respondent shall pay 5,500,000 won (excluding value-added tax) to the applicant on September 30, 2016, the expiration date of the lease term of this case, or on September 1, 201, until the lease contract of this case expires.

7. Where the respondent has failed to pay the rent under paragraph 2 on three or more occasions (including cases in which the respondent has failed to pay the rent), where the respondent has filed an application for bankruptcy or rehabilitation, entered into an insolvency, or entered into a contract for the transfer of property or settlement with other creditors for the purpose of the repayment of debts, the respondent has committed an act in violation of the terms of the lease agreement.

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