(영문) 서울동부지방법원 2019.05.31 2018가단16073

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(영문) 서울동부지방법원 2019.05.31 2018가단16073

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2010, the Plaintiff leased from the Defendant’s father C the three-story neighborhood living facilities in the five-story located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) and operated it as the party hall. The Plaintiff was in arrears with the said C as a total of 4.2 million won.

B. On June 30, 2017, the Defendant received the instant building from C, and, on July 1, 2017, concluded a lease agreement with the Plaintiff on the condition that the instant building was re-leased for a fixed period of 20 million won, 17 million won, monthly rent, and 60 months (hereinafter “instant lease agreement”).

C. Upon entering into the instant lease agreement, the Plaintiff borrowed KRW 11.5 million from the Defendant to purchase a new platform and facility (hereinafter “instant equipment”) with the said money, and accordingly, the Plaintiff agreed to pay the Defendant the above loan amount of KRW 11.5 million and the existing overdue rent of KRW 4.2 million at the time of termination of the lease.

Meanwhile, the Plaintiff and the Defendant agreed to deliver the instant equipment to the Defendant when the instant lease contract is terminated due to the Plaintiff’s fault.

Around January 18, 2018, the Defendant expressed his/her intention to terminate the instant lease agreement on the grounds that the Plaintiff was in arrears with the total amount of KRW 5,700,000,000,000,000 to the Plaintiff.

E. On April 26, 2018, the Defendant filed a lawsuit against the Plaintiff on the claim of delivery of real estate, etc., based on the termination of the instant lease agreement, with this Court Order 2018Kadan114946, and rendered a favorable judgment on June 20, 2018 that “the Plaintiff shall deliver the instant building to the Defendant, pay 1.7 million won per month from January 19, 2018 to the delivery date of the said building, and deliver the instant equipment” (hereinafter “the instant related judgment”), and the said judgment became final and conclusive around that time.

F. The Defendant’s judgment related to the instant case as the executive title is the instant judgment.

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