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(영문) 대전지방법원천안지원 2020.10.27 2019가단111109

건물인도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 25, 2017, the Plaintiff completed the registration of ownership transfer on December 22, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 15, 2017, the Plaintiff entered into a business consignment agreement with the Plaintiff with respect to the instant real estate as follows.

(hereinafter “instant consignment contract”). Article 2 of the sales consignment contract shall exercise the instant consignment business under the name of the Plaintiff.

Article 4 (Matters Subject to Consultation)

2. The plaintiff will adopt the operating method of the LAD with respect to the revenue structure of the LAD.

Article 8 (Discontinuance of Entrusted Business and Prohibition of Agency) The Dispute Settlement Bank D shall not, without prior consultation with the plaintiff, terminate or suspend the entrusted business during the term of the contract, nor shall it act on behalf of any third party.

Special agreement - The LAD shall pay to the Plaintiff a deposit amount of KRW 10,000 per month (10,000,000) with the guarantee fee for the commission fee, which is paid in KRW 730,00 per month to the Plaintiff.

- The amount of the security deposit and the amount may vary with the lessee at the time of the lease contract with the lessee.

C. On January 15, 2017, the Plaintiff issued to the Dispute Resolution Co., Ltd. a letter of delegation and a certificate of personal seal impression to the effect that “the Plaintiff confirmed that the instant real estate was leased-related business, the payment of rent for the guarantee period, the receipt and management of rent for the lease deposit, the lessee’s physical color and selection, the publicity of lease, the management of the lease contract (the preparation of the contract), etc., and that “the Plaintiff delegate the authority related to all matters related to the lease and the inspection and visit to the Dispute Resolution Co., Ltd.” (hereinafter

On February 28, 2019, the Defendant entered into a lease contract with D (representative E) with respect to the instant real estate, which is a deposit of KRW 72,00,000,00 for the instant real estate and the term of lease from August 17, 2018 to August 16, 2020 (hereinafter “instant lease contract”), and thereafter, from around that time.