건물명도(인도)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
[Claim]
1. The reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where the court added "2. Additional Judgment" to the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence
2. Additional determination
A. The plaintiff's assertion only conferred the authority to conclude a monthly rent contract by limiting the scope of the deposit amount to KRW 5 million, and it did not grant the authority to conclude a monthly rent of KRW 2.5 million, as in the instant lease contract, as in the instant lease contract, and it did not grant the authority to conclude a lease contract of KRW 40,000,000,000 to D individuals who are not Co., Ltd.
Therefore, the instant lease agreement is invalid for the Plaintiff.
B. Determination 1) The business consignment agreement that the Plaintiff entered into with the Dispute Resolution Co., Ltd. (A2) is a type of loan profit guarantee agreement. According to this agreement, regardless of whether the actual profit accrued, and the amount of such agreement, the Dispute Resolution Co., Ltd. shall make monthly payments to the Plaintiff (Article 11 subparag. 2) and, if it is not paid twice or more, the Plaintiff may cancel the said agreement (Article 12 subparag. 3). Meanwhile, the said business consignment agreement explicitly provides that the Plaintiff may lease the same amount as the Plaintiff’s name (Article 2) and the entrustment guarantee deposit (Article 5 million won per month) to the Plaintiff (Article 5.5 million won per month). In light of these circumstances, it is reasonable to view that the Plaintiff concluded a lease agreement with the Plaintiff Co., Ltd. (Article 12 subparag. 3), as the Plaintiff did not grant the Plaintiff’s comprehensive right of representation to the Plaintiff, as the Plaintiff did not grant the Plaintiff’s right of representation to the Plaintiff, the amount of the lease agreement was limited to KRW 1.