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(영문) 수원지방법원안산지원 2020.11.25 2020가단73719
청구이의
Text

The plaintiff's claim is dismissed.

This Court shall suspend compulsory execution of Suwon District Court 2020 Chicago764.

Reasons

1. Basic facts

A. On January 29, 2013, the Plaintiff entered into a lease agreement with the Defendant, with the terms that the Plaintiff set the deposit money of KRW 35 million, monthly rent of KRW 1.5 million, and the term of lease from March 4, 2013 to March 3, 2017, on the premise that the Plaintiff shall set the lease of KRW 35 million, monthly rent of KRW 1.5 million, and the term of lease from March 4, 2013 to March 3, 2017.

In addition, on May 23, 2017, the Plaintiff agreed to renew the lease agreement, and on May 23, 2017, the deposit and rent are same as they are, and the lease term extended by September 30, 2020 was newly prepared.

However, a special contract, which was made at the time, had a content that the Plaintiff, as the lessee, transferred to the public room without any justifiable reason, and prepared a “pre-trial protocol” within one month of the contract.

(hereinafter “instant lease agreement”). B.

With respect to the instant lease agreement between the Plaintiff and the Defendant, Suwon District Court rendered an Ansan Branch No. 2017No. 10026, August 21, 2017 (hereinafter “each of the instant compromise”) was established as follows. The main contents of the instant protocol of compromise are as follows.

1. The applicant (the Defendant refers to the Plaintiff) and the respondent (the Plaintiff refers to the Plaintiff) confirmed that the instant real estate was a lease agreement of KRW 35,00,000,000, the lease deposit amount, the contract term from May 23, 2017 to September 30, 2020, and the monthly rent of KRW 1,50,000.

2. (1) The applicant confirms that the deposit mentioned in paragraph 1 above has been paid, and the applicant shall return it to the respondent after the expiration of the term of lease.

(2) The respondent shall deliver the instant real estate to the applicant after the expiration of the lease term.

(3) However, if there is a new agreement on both documents before the expiration of the term of lease, the time limit for delivery shall be deemed the date of termination of a new agreement.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3, and the purport of all pleadings.

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