건물명도(인도)
1. The Plaintiff:
A. Defendant B shall deliver the real estate listed in the separate sheet, and KRW 2,250,000, as well as the foregoing, on November 2018.
The indication of claims against the defendant B: It is as shown in the attached Form.
Article 208(3)3 of the Civil Procedure Act provides that the Plaintiff shall be the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”). The Plaintiff delegated the right to enter into a lease agreement on the instant real estate to Defendant C who engages in licensed real estate agent business in the vicinity of the instant real estate location.
On March 29, 2017, Defendant C entered into a lease agreement with Defendant B, who called Defendant D’s agent on behalf of the Plaintiff, with the terms that the instant real estate was leased by setting the lease deposit of KRW 2 million, KRW 530,000 per month, and KRW 530,000 per month, and the lease term of March 29, 2018. In the event that the lessee fails to pay the rent for the second period, the lessor may terminate the lease agreement.
At the time, Defendant C received deposit of KRW 2 million and KRW 530,000 from Defendant B, and paid to the Plaintiff.
In the instant real estate, Defendant B, not D, resided in the instant real estate, and Defendant B did not pay the Plaintiff rent six months after the lapse of six months.
In addition, as Defendant B did not pay the management expenses of the instant real estate, the Plaintiff paid the total of KRW 1,070,610 on behalf of the Plaintiff.
[Ground of recognition] The plaintiff asserts that there is no dispute over part of the parties, Gap evidence Nos. 1 through 3, and the purport of the whole pleadings. The defendant Eul concluded a lease contract with the name of Eul, and the plaintiff knew of this, although the plaintiff did not conclude the lease contract, the defendant Eul violated the duty of due care in handling delegated affairs by failing to notify the plaintiff. Thus, the plaintiff is liable to compensate for damages suffered by the plaintiff together with the defendant Eul.
As to this, the defendant C was delegated with the right to transfer the lease contract by the plaintiff, and D through telephone conversations with D, the identification card is given to the defendant B.