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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. The Defendant is the owner of the building located in Yangyang-gun, Gyeonggi-do (hereinafter “instant building”).
B. On December 17, 2003, the Defendant leased 125 and 25 units of houses of 125 and 4 floors among the instant building to the Plaintiff by setting the lease deposit amount of KRW 40 million, monthly rent of KRW 2 million, and the lease term from December 17, 2003 to December 17, 2006.
C. After that, the Plaintiff resided in the fourth floor of the instant building while running an entertainment tavern.
The Defendant filed a lawsuit against the Plaintiff as Suwon District Court Decision 201Gahap2851, which sought the order of the instant building and the payment of overdue rent. The Defendant filed a counterclaim against the Plaintiff on the ground that the said court did not use the entertainment tavern due to necessary expenses and water leakages for the installation of fire-fighting systems, etc. under the above court 201Gahap2868.
On January 31, 2012, the following mediation (hereinafter “instant mediation”) was established in the instant case.
1. The Defendant (Counterclaim Plaintiff-Defendant refers to the Defendant of the instant case)
A. Before January 31, 2017, among the real estate listed in the separate sheet No. 407.94 square meters and the four floors, the apartment floor No. 1, 2, 3, 4, 5, 6, and 1 of the separate sheet No. 1, 2, 4, 6, and 1 are successively connected to each point in the attached sheet No. 1, 2, 3, 5, 6, and 1, and the ship gate Nos. 1, 2, 2, 207, 80.6 square meters are handed over to the ship,
B. From February 1, 2012 to the time of delivery of the building as described in paragraph 1(a) above, the amount of money shall be paid at the rate of two million won per month;
C. In the event that the Defendant-Counterclaim Plaintiff did not pay the amount of KRW 2 million per month as described in paragraph 1(b) not less than twice per month, the real estate described in paragraph 1(a) shall, notwithstanding paragraph 1(a), be immediately handed over;
(d) Subsequent to the delivery of real estate described in paragraph 1(a) for reasons of paragraphs 1(a) and (c), the cost of necessity, beneficial cost, and building for lease of the building described in paragraph 1(a) in addition to the deposit of KRW 3 million.