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(영문) 대전지방법원천안지원 2020.03.05 2019가단113525

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) B is marked in the separate sheet from 55,000,000 won from the Plaintiff (Counterclaim Defendant) to 1, 2018.

Reasons

The principal lawsuit and counterclaim shall also be deemed to be filed.

1. Basic facts

A. On October 26, 2016, the Plaintiff purchased each real estate listed in the separate sheet No. 2 (hereinafter “second real estate”) from D, and each real estate listed in the separate sheet No. 1 (hereinafter “first real estate”) around December 23, 2016, and completed the registration of ownership transfer in its own name on December 29, 2016.

B. On December 23, 2016, with E Co., Ltd. (hereinafter “E”) around December 23, 2016, the Plaintiff: (a) entrusted the Plaintiff with all business affairs related to the lease of real estate Nos. 1 and 2 (a lessee’s physical color and selection, deposit receipts, lease management, etc.); (b) entrusted business affairs under the Plaintiff’s name; and (c) entered into a business consignment agreement with the Plaintiff to pay the Plaintiff KRW 500,000 per head office deposit (hereinafter “instant consignment agreement”); (c) the Plaintiff confirmed the fact of the lease-related business affairs with respect to real estate during the lease guarantee period, such as the payment of rent, deposit deposit and management, lessee’s physical color and selection, and the management of lease contracts (form of the contract), and (d) signed a delegation agreement with the Plaintiff (hereinafter “the delegation agreement”).

C. On June 3, 2017, Defendant C entered into a lease agreement with the Plaintiff’s agent, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 300,000, and the lease term of KRW 70,000 from June 7, 2017 to June 6, 2018 (hereinafter “No. 2 lease agreement”).

Defendant C deposited KRW 10,00,000, out of the deposit on June 3, 2017, and KRW 20,000,000, out of the deposit on September 4, 2017 in the accounts of the KCAB in accordance with the lease agreement under Article 2, and received KRW 2,00,000 from the KCAE around that time.

On the other hand, the F, the representative director of the Bank of Korea E, is real estate in the name of "G" around June 19, 2017.