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(영문) 서울중앙지방법원 2016.02.04 2015가단5219736
청구이의
Text

1. The defendant's conciliation of the case, such as the Seoul Central District Court 2002Gahap84772 deposit against the plaintiff, is substituted by the conciliation of the case.

Reasons

1. Facts of recognition;

A. On May 5, 1995, the Plaintiff leased 448 square meters of a store of 2 heading 448 square meters (hereinafter “instant store”) among the one-story B5 commercial buildings in Seocho-gu Seoul, Seocho-gu, Seoul, for the period of February 5, 2000, the lease deposit amount of 1,331,00,000 won from C (ju), D, and E, co-owners, and the lease term of 1,331,00,000.

B. The defendant was awarded a successful bid for C(State)'s share among the instant stores at the Seoul District Court F Real Estate Compulsory Auction and paid the price on August 20, 2002.

C. The Plaintiff attempted to enter into a lease agreement with co-owners, including the Defendant, but failed to do so. The Defendant filed a lawsuit against the Plaintiff for compensation for damages on the ground of illegal possession by the Seoul Central District Court 2002Gahap84772.

C. On May 11, 2004, the above court rendered a decision in lieu of the conciliation with the following decided matters (hereinafter “instant conciliation decision”), and the above decision became final and conclusive.

(1) On June 30, 2004, the Plaintiff shall pay the Defendant the amount of KRW 99 million up to June 30, 2004. If the Plaintiff delays the payment of the said amount, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from July 1, 2004 to the date of full payment.

2. The plaintiff from July 1, 2004 to the time when the plaintiff lost possession of the store of this case or the defendant lost ownership of the share of 500,000 won per month from the above store to the time when the defendant lost ownership of the share of 179.27/63.59 of the above store, the plaintiff shall pay the defendant at the end of each month (the next first business day if the last day is the plaintiff's holidays). If the payment of the above amount is delayed, the plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the next day to

The plaintiff shall renew the lease contract by changing the term of D, E, and deposit, period, etc., which are other co-owners, and shall pay each month between the defendant and the defendant in consideration of price increase, etc.

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