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1. Compulsory execution against the plaintiff by the defendant based on the payment order of Busan District Court Branch 2017 tea799 is 10 million won.
Reasons
1. Basic facts
A. On May 22, 2013, the Plaintiff leased the instant real estate to the Defendant by setting the lease deposit amount of KRW 30 million, monthly rent of KRW 700,000 (Additional Tax), and the lease term from May 22, 2013 to May 21, 2015.
B. The Defendant paid only KRW 20 million among the lease deposit, and operated a coffee shop with the trade name “D” from the instant real estate, and the Plaintiff asserted that the amount of KRW 10 million out of the lease deposit was unpaid and refused to renew the contract only after the date of March 2015.
C. As a dispute over the amount of lease deposit, the Plaintiff filed a lawsuit against the Defendant for requesting the delivery of real estate (hereinafter “instant extradition lawsuit”). The first instance court accepted the Defendant’s assertion and rejected the Plaintiff’s claim, but the appellate court (Seoul District Court Decision 2016Na4229) rendered a decision to change the first instance court’s judgment on December 16, 2016, that “the Defendant shall deliver the instant real estate to the Plaintiff at the same time receiving KRW 20 million from the Plaintiff, and shall pay the Plaintiff money at the rate of KRW 700,000 per month from October 22, 2016 to the delivery date of the instant real estate” and the said judgment was dismissed and finalized on April 4, 2017 as the Defendant’s appeal was dismissed.
On March 3, 2017, before the judgment of the court of final appeal was rendered, the Defendant filed a final appeal against the lower judgment, but did not submit a statement of the grounds for final appeal, and returned the instant real estate to the Plaintiff by March 14, 2017, which was before the judgment of the court of final appeal, and received the Plaintiff on March 6, 2017 by sending content-certified mail.
In March 4, 2017, the details sent to the plaintiff's mobile phone by content-certified mail as of the previous day was sent in a letter informing the account number for the return of the deposit.
E. The Plaintiff removed facilities, etc. installed on the instant real estate, and imposed taxes and public charges until March 14, 2017.