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(영문) 서울중앙지방법원 2020.07.24 2019가단5227278
청구이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2019 Chicago30806, the Court shall decide on October 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant concluded a lease agreement with respect to 108.19 square meters of the first floor among the buildings located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant store”) and operated the instant store for at least 20 years.

B. Among them, the Plaintiff filed a lawsuit against the Defendant seeking the delivery of the instant store and the payment of overdue rent, etc. (Seoul Central District Court 2019Da5029672). On the other hand, the Defendant filed a counterclaim against the Plaintiff seeking the return of the lease deposit.

[Seoul Central District Court 2019Kadan9772(Counterclaim)](C).

On April 5, 2019, the above civil litigation case between the plaintiff and the defendant was referred to conciliation during the pending litigation [Seoul Central District Court 2019ss.523481 (principal suit), 2019s.523498 (Counterclaim)], and on April 5, 2019, a decision in lieu of conciliation (hereinafter “instant compulsory conciliation decision”). The instant compulsory conciliation decision became final and conclusive as it did not raise any objection by both parties.

St. St. L. L.S.

1. The Plaintiff and the Defendant confirmed that the Plaintiff and the Defendant paid in full the Plaintiff the difference between March 31, 2019 and March 31, 2019 with respect to 108.19 square meters on the 1st floor of the building indicated in

2. The defendant shall be the plaintiff.

(a) by April 30, 2019, the rent of KRW 3,050,000 for the real estate described in paragraph (1) shall be adjusted as of April 2019.

B. From April 30, 2019 to April 30, 2019, the facilities of the car center, such as mechanical parking lots, among the real estate listed in paragraph (1), are removed and handed over the said real estate. If the Defendant fails to perform his/her duty of removal and delivery by the said date, the amount calculated at the rate of KRW 3,050,000 per month from May 1, 2019 to the date of completion of the removal and delivery shall be paid

3. The plaintiff 2-B

No objection shall be raised against the removal of the facilities described in the subsection.

4. The Plaintiff shall pay KRW 60,000,000 to the Defendant by April 30, 2019.

5. Subparagraph 2-b;

subsection 4 shall apply to the obligation to deliver the real property under subsection 4.

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