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1. On October 21, 2014, Gwangju District Court 2014Kadan13635 case against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. On March 27, 2014, the Plaintiff and the Defendant concluded a lease agreement with respect to the 147.15 square meters of the 2nd floor office on the ground C at the leisure time (hereinafter “instant building”).
1. The Defendant shall deliver the instant building to the Plaintiff by November 30, 2014.
2. The Plaintiff shall pay KRW 17.2 million to the Defendant by November 30, 2014.
3. Paragraphs 1 and 2 are related to simultaneous performance. If the Plaintiff did not pay the Plaintiff the money as provided in paragraph 2 even though the Defendant delivered the instant building to the Plaintiff, the Plaintiff shall pay the unpaid money plus 20% (20% interest per annum from December 1, 2014 to the date of full payment).
4. The plaintiff waives the remaining claims.
5. The costs of lawsuit and the costs of mediation shall be borne respectively;
B. Since then, the Plaintiff terminated the above lease contract against the Defendant due to the delinquency in rent, and even the name of the building seeking the delivery of the instant building filed a claim suit with the court No. 2014Da13635, Oct. 21, 2014, the conciliation between the Plaintiff and the Defendant was concluded with the following content (hereinafter “instant conciliation”).
C. On November 25, 2014, the Plaintiff sought to pay KRW 17.2 million to the Defendant simultaneously with the delivery of the instant building from the Defendant under the instant protocol of mediation. However, the Plaintiff deposited KRW 17.2 million with the Defendant on the ground that the Defendant was unable to deliver the instant building without prior payment, and that the Defendant refused to accept it.
The Defendant filed an application for a compulsory auction on the Plaintiff’s share among the instant buildings with the claim amounting to KRW 17.2 million as stipulated in the instant conciliation protocol, and filed an application for a compulsory auction on December 16, 2014. The order to commence compulsory auction on real estate was issued as D on December 16, 2014.
Accordingly, on December 30, 2014, the Plaintiff filed an application for the suspension of compulsory execution, and the decision to suspend the compulsory execution of this case is rendered by this Court No. 2014Kao630 until the judgment of this case is rendered.