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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 30, 2010, the Defendant, including the conclusion of a lease contract and the payment of deposit for lease, leased from the Plaintiff KRW 24 months from December 30, 201, and KRW 20 million from the Plaintiff, Yong-gu, Chungcheongnam-gu, Seoul (hereinafter “instant building”) and KRW 302 from December 30, 2010 and the lease deposit amount.
(hereinafter) The Plaintiff and the Defendant’s above lease (hereinafter “the instant lease”). At that time, the Defendant paid KRW 20 million to the Plaintiff, and resided in the instant building 302 upon delivery.
B. The Defendant, upon the expiration of the lease term and the delivery to the Plaintiff of the instant building 302, filed a lawsuit seeking KRW 20 million and delay damages, as the Plaintiff did not recover the lease deposit amount of KRW 20 million.
The instant lawsuit was concluded on May 20, 2014, and the conciliation clause stated that “the Plaintiff shall pay to the Defendant KRW 20,000,000 by July 31, 2014. If the Plaintiff delays the payment of the said amount to the Defendant by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from August 1, 2014 to the date of full payment.”
(The Daejeon District Court's astronomical Court's Branch on May 20, 2014, 2014Daga5005 mediation protocol).
The Defendant, who distributed dividends following the progress of auction, filed an application for compulsory auction for some of the buildings of this case to the Plaintiff who did not perform the obligations stated in the above protocol of mediation.
(The Daejeon District Court C real estate compulsory auction case (hereinafter “instant compulsory auction”). In the instant compulsory auction, the distribution schedule was prepared by selling the object of auction at the instant compulsory auction, and not only KRW 20 million but also KRW 4,166,470 for delay damages calculated in accordance with the above mediation protocol was distributed to the Defendant.
【Reasons for Recognition】 The fact that there has been no dispute, Eul's statement of No. 1, and the purport of the whole pleading
2. The Plaintiff’s assertion and judgment are the Plaintiff.