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(영문) 서울중앙지방법원 2016.03.25 2015가단5085230
기타(금전)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

First, we examine the defendant's defenses prior to the merits.

1. The plaintiff entered into a lease agreement with the defendant to sell the lease right of the third floor among the above commercial buildings to the defendant, by being entrusted with the general execution of the project for the construction of a new building of a building of a building of a building of a building of a building of a building of a building of a building of a building of a

According to the lease contract of this case, it was planned to determine the unit and area of the object leased by lot later, and accordingly, it was required to settle the increase and decrease in the lease price and the rental deposit.

(Article 5(1) of the Rental Contract. The Plaintiff filed the instant lawsuit seeking the payment of the remainder after determining the rental sale price and the rental deposit as KRW 105,697,000 and then deducting the amount paid during the said period.

As to this, the defendant asserts that there was an agreement between the plaintiff and the defendant about the lease sale contract of this case.

2. Determination on the defense prior to the merits

A. 1) The Plaintiff and the Plaintiff filed a lawsuit seeking the return, etc. of the sale price already paid with the Plaintiff by asserting that the said union and the Plaintiff have invalidated, revoked, and revoked the lease sale contract, etc., as the court 2010Gahap1341777, including the Defendant. In the foregoing case, the decision of recommending settlement on January 2, 2014 (hereinafter “the recommendation of settlement in this case”).

(2) On January 24, 2014, the decision to recommend reconciliation of this case became final and conclusive on January 24, 2014, Paragraph (1) of the decision to recommend reconciliation of this case provides that "the defendant, B reconstruction project association and the plaintiff shall withdraw all civil and criminal lawsuits filed between themselves immediately after the decision to recommend reconciliation of this case becomes final and conclusive, and shall not file any dispute, such as mutual additional lawsuits, compulsory execution, and criminal complaints, with respect to the instant C commercial lease agreement.

[Reasons for Recognition] Eul evidence 1-1

B. A dispute over a specific right or legal relationship of the judgment 1.

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