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(영문) 수원지방법원안산지원 2020.07.22 2019가단77173

전세보증금반환

Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. In fact, the Defendant completed the registration of ownership transfer on September 19, 2017 with respect to real estate listed in the separate sheet (hereinafter “instant officetels”) based on sale and purchase as of July 19, 2016.

The Defendant is referred to as the instant business consignment agreement with C Co., Ltd. (hereinafter referred to as “C”) on November 28, 2017 regarding officetels (hereinafter referred to as “instant business consignment agreement”).

and the main contents are as follows. Article 1 : (Purpose)

1. The defendant shall entrust C with the business of the instant officetel C.

2. The term "entrusted business" means all of the affairs related to lease on behalf of the defendant, such as lease-related affairs, payment of rent for the lease guarantee period, collection and management of rent for lease deposit, lessee's color and selection, public relations for lease, management of lease contracts, and other affairs related to lease on behalf of the defendant;

Article 2 [Name] The entrusted business shall be exercised in the name of the defendant.

Article 16 (Term of Contract)

1. The period of a contract for business entrustment shall be two years, and may be extended by up to ten years in consultation between the parties thereafter;

[Special agreement] - The defendant concludes this business consignment agreement separate from the sales contract, and concludes this agreement with C, recognizing that the service of lease promotion, tenant color and selection, deposit money and management, issuance of lease contract, etc. is carried out through C.

- C shall pay 80,000,000 won per month to the Defendant a deposit amount of KRW 10,000 per month as a guarantee fee for the entrustment.

(Provided, That if the extension of the contract is desired after two years, the above amount may be adjusted) - When C enters into a lease contract with a lessee, the above amount may be different from the above amount of the guarantee.

Before entering into the instant business consignment agreement, the Defendant: (a) on November 28, 2016, leased business related to the instant officetel; (b) the payment of rent during the guarantee period; (c) deposit money and management; (d) the lessee’s physical color and selection; and (e) lease advertisement and lease.