(영문) 수원지방법원 2015.05.07 2014가단57279

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(영문) 수원지방법원 2015.05.07 2014가단57279

청구이의

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1. The Defendant’s protocol of settlement against the Plaintiff was based on the Suwon District Court Decision 2012No. 23.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a sublease contract with respect to the size of 455 square meters, which is a part of the building on the ground of the land of the Kugdong-gu Seoul-gu Seoul-si, which the Defendant leased from B, etc., with the content that the rent is KRW 4 million per month (excluding value-added tax) and the sublease period from December 1, 201 to November 30, 2012 (hereinafter “sublease contract of this case”).

B. On May 21, 2012 between the Defendant and the lessee, including the Plaintiff, the Suwon District Court 2012No. 2012.23, a protocol of protocol was prepared (hereinafter “instant protocol of protocol”). The main content is that “the Plaintiff shall pay the Defendant a fee of KRW 4,00,000 per month for the vehicle maintenance workplace of KRW 4,000 per month (excluding value-added tax) and the user fee for the vehicle maintenance workplace of KRW 4,00,000 per month between the Defendant and the Plaintiff, and the sub-lease contract shall be terminated without a peremptory notice at the expiration of the period.”

C. On July 11, 2013, B filed a lawsuit against the Defendant and the sub-lessees including the Plaintiff against Suwon District Court 2013Gahap14982, and the Plaintiff was subject to the said court’s recommendation for settlement as of April 29, 2014, but the Defendant raised an objection against the said recommendation for settlement, which was sentenced on July 10, 2014.

The above court determined that the lease contract between B and the defendant was terminated on August 5, 2013 from the above judgment grounds, and the above judgment became final and conclusive on August 1, 2014.

Meanwhile, the Plaintiff did not pay KRW 12,378,612 out of the rent from August 2013 to May 2014, and paid to the Defendant the amount of KRW 22,912,207 from August 2013 to May 2014.

[Grounds for Recognition] Unsatisfy, Gap 2-7 evidence (including paper numbers), Eul 5 and 6 evidence, and the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is B in the lawsuit claiming the registration of the building name filed against the Plaintiff, the Defendant, etc.

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