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(영문) 인천지방법원 2019.08.22 2018재가단10019
건물명도(인도)
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination are assessed against the plaintiff (Counterclaim defendant).

Reasons

1. On July 27, 2018, the following mediation (hereinafter referred to as “instant mediation”) was established on the same day between the Plaintiff and the Defendant that entered into a mediation protocol subject to quasi-deliberation and the instant court’s name, etc. of the building (principal lawsuit) and the return, etc. of lease deposit (Counterclaim) in this Court, and the following mediation was formulated on July 27, 2018 (hereinafter referred to as “instant mediation”).

1. The Plaintiff (Counterclaim Defendant) shall pay 14,700,000 won to the Defendant (Counterclaim Plaintiff).

2. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet, and cancel the registration of the housing lease right of the Incheon District Court 2017Kadan179.

3. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) simultaneously implement paragraphs 1 and 2.

4. With respect to the lease of this case, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) verify that there is no claims and obligations between them, except as otherwise provided for in this conciliation, and do not raise any civil or criminal objection against each other.

5. The plaintiff (Counterclaim defendant) waives the remainder of the main claim and the remainder of the counterclaim.

6. The costs of lawsuit and the costs of mediation shall be borne by each person;

[Judgment of the court which is obvious or obvious in the records]

2. Whether the lawsuit for quasi-examination of this case is legitimate

A. The summary of the Plaintiff’s assertion is that the instant protocol made a false statement to the effect that “The Defendant, as the lessee, visited the entire office of clerical error in the register of the leased object at the conciliation date, was restored to its original state, and made up for cleaning, but there are several garbages, such as households, etc.” to which the Plaintiff may consent to the conciliation clause.

On August 10, 2018, after the date of mediation, the Plaintiff destroyed the above real estate and substantially undermined its utility.

Paragraph 4 of the conciliation clause of this case is no longer liable for all civil and criminal liability between the plaintiff and the defendant.

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