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(영문) 서울중앙지방법원 2016.10.31 2016가단5024454
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 7,000,000 and KRW 5,000 among them, from March 21, 2009, KRW 2,000,000.

Reasons

1. Basic facts

A. On July 11, 2006, the Plaintiff entered into a lease agreement on the instant building with the Defendant, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 800,000, and the lease term of KRW 12 months from July 12, 2006. Around that time, the Plaintiff entered into a lease agreement with the Defendant on July 12, 2006, with the same content as the previous one, except for the case where the instant building was transferred to the Defendant and the Defendant increases the monthly rent of KRW 850,000,000.

B. In the event that the instant building was filed for a claim for delivery, etc. of the instant building and the process of compulsory execution under the said lease agreement, the Defendant, as Seoul Central District Court Decision 2008Da374517, filed a lawsuit against the Plaintiff seeking the delivery of the instant building and the payment of the delayed rent. 2) The Plaintiff still resided in the instant building even at the time of the filing of the instant registration suit, but the said registration suit was served by public notice, and the Defendant was awarded a favorable judgment on February 17, 2009 (hereinafter “instant judgment”), and the said judgment became final and conclusive through the appellate court (Seoul Central District Court Decision 2009Na10835) and the final appeal (Supreme Court Decision 2016Da24031).

3) Based on the instant judgment, the Defendant requested the enforcement officer to deliver the real estate, and the enforcement officer D belonging to the Seoul Central District Court found the above 301 for the purpose of extradition execution on March 19, 2009, but the Plaintiff was absent, and thus, attached a letter of compulsory execution on March 26, 2009 to the effect that “the obligee applied for compulsory execution based on the above final judgment is voluntarily implemented until March 26, 2009,” and returned to the Plaintiff. (4) The Plaintiff returned home on March 19, 2009, and considered that he could continue to reside until the date indicated in the said letter, and requested the Defendant to perform prompt compulsory execution.

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