(영문) 부산지방법원 2014.12.11 2014가합6568

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(영문) 부산지방법원 2014.12.11 2014가합6568

임차인의지위확인

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1. The part concerning the claim for confirmation of the lessee’s status among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. On August 7, 2010, the Defendant provided that the Plaintiff would rent real estate listed in the separate sheet (hereinafter “instant store”) owned by the Plaintiff, and paid KRW 5 million as the lease deposit. From the end of October 10, 2010, the Defendant included its goods in the instant store from the end of the pertinent store.

1. The plaintiff shall pay 5 million won to the defendant.

2. The defendant shall be the plaintiff.

A. The instant store is transferred;

B. To pay 50,00 won and 300,000 won among them, 5% per annum from January 23, 2013 to November 7, 2013, respectively, and 20% per annum from the next day to the day of full payment.

B. The Defendant filed a lawsuit against the Plaintiff for claiming the return of lease deposit (principal lawsuit) with the Busan District Court 2012Kadan97617 (principal lawsuit). Accordingly, the Plaintiff filed a lawsuit against the Defendant for the delivery of a building (Counterclaim). On November 7, 2013, the said court concluded a lease agreement on the instant store between the Plaintiff and the Defendant on the grounds that the lease agreement was concluded on August 7, 2010, and the said lease agreement was terminated on April 13, 2012 due to the Defendant’s declaration of intent to terminate the contract, and the said judgment became final and conclusive on November 30, 2013.

(hereinafter “final judgment of this case”). C.

On March 4, 2014, the Plaintiff filed an application for compulsory execution based on the instant final judgment. On March 6, 2014, an execution officer prepared a protocol of impossibility of giving notice of delivery of real estate with the purport that “the possession relationship of the subject matter of execution is different, and thus failed to execute the notification of delivery of real estate based on the instant final judgment,” and the Plaintiff voluntarily withdrawn the application for compulsory execution on March 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Part demanding confirmation of the lessee status

A. The plaintiff's assertion (1) The plaintiff's assertion is a final judgment of this case.

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