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(영문) 서울중앙지방법원 2017.09.15 2017가단5071471
집행문부여에 대한 이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution No. 2017 Chicago30, 2017

Reasons

1. Basic facts

A. The Defendants filed a lawsuit against the Plaintiff seeking delivery, etc. of the instant store under the Seoul Central District Court Decision 2016Ga5231948, supra, on the ground that the term of lease on “A” portion 27 square meters in the attached Table No. 1,2,3,4, and 1 among the buildings listed in the attached list was expired on September 9, 2016 and the lease agreement with the Plaintiff was terminated.

B. On December 8, 2016, the same court rendered a judgment in favor of the Defendants that “the Plaintiff ordered the Defendants to order the instant store, and to pay the amount calculated at the rate of KRW 3,465,000 per month from September 10, 2016 to the completion date of delivery of the instant store” (hereinafter the instant judgment).

C. The instant judgment was served on the Plaintiff by public notice on January 7, 2017, and became final and conclusive on January 21, 2017.

On March 9, 2017, the same court court clerk and F have granted the execution clause to the Defendants. D.

On December 20, 2016, the Plaintiff made an agreement with the Defendants on the following terms (hereinafter the instant agreement).

① The Plaintiff is not dissatisfied with the instant judgment, including the appeal, etc.

On December 31, 2016, the attorney fees paid by the Defendants shall be 1.54,00 won.

② The Defendants are not subject to compulsory execution pursuant to the instant judgment until May 10, 2017.

③ On December 31, 2016, the Plaintiff shall pay the Defendants the unpaid deposit of KRW 200,000 and the rental fee of KRW 4 million in arrears, whichever is later.

④ The Plaintiff, by May 10, 2017, ordered the Defendants to take over or transfer the instant store, without any condition, the instant store.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 6 and the purport of the whole pleadings

2. Although there was an agreement between the Plaintiff’s assertion summary and the Defendants on non-execution as referred to in paragraph (2) of the instant agreement, the Defendants violated the said non-execution agreement on March 9, 2017.

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