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(영문) 수원지방법원 2020.10.29 2019가단552816

건물명도(인도)

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The Plaintiff (Counterclaim Defendant) shall pay KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount from March 11, 2020 to April 29, 2020.

Reasons

1. Facts of recognition;

A. On August 19, 2017, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on October 13, 2017.

B. On September 9, 2017, the Plaintiff entered into a sales consignment agreement with C on the instant real estate, and the main terms of the agreement are as follows.

(hereinafter referred to as the “instant consignment contract,” and Article 1 / [Purpose] of the instant consignment contract, “A” and “B,” refer to the Plaintiff.

1. Eul shall entrust Gap with the business (hereinafter referred to as "the entrusted business") of the real estate in this case and of the G building H in Suwon-si D, E, and F.

2. The term "entrusted business" means all the affairs related to lease for goods sold in lots, such as lease-related affairs, payment of rents for rental guarantee period, collection and management of rental deposit money, lessee's color and selection, publicity of lease, management of lease contracts, and other affairs related to lease for such purposes;

§ 2. [Name] This entrusted business shall be exercised in the name of B.

Article 4 【Consultation Matters】

2.As to the profit structure of Gap of this business consignment, Eul will adopt the operating method of Gap of this business consignment.

Article 5 [The internal funeral facilities and rights] The ownership of internal funeral facilities and equipment necessary for A to exercise this entrusted business and the rights related to his/her right to use them shall, in principle, be in principle, and during the entrusted management period, A shall exercise its rights.

Article 6 (Management Expenses, etc.)

1. Expenses required by A to exercise this entrusted business shall be the expenses of A;

2.A shall pay the brokerage commission during the term of the contract.

Article 8 [Restoration of Original State] Where the validity of this Agreement ceases to exist, A shall restore all the facilities to the original state, and collect the installed materials installed by A at the time of B to its original condition, and even if A collects them at the expense of B unless it is collected by A, A shall not raise any objection.