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(영문) 대전지방법원천안지원 2020.11.24 2020가단102835

보증금반환

Text

1. The Plaintiff:

A. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time 70,000.

Reasons

1. Facts of recognition;

A. On December 22, 2016, Defendant B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 8, 2016.

B. Around November 2016, Defendant B entered into a business consignment agreement with the LAD with the following content:

(hereinafter “instant sales consignment agreement”). Article 1 (Purpose) of the sales consignment agreement

1. The Defendant shall entrust the instant real estate to the Bank of Bankruptcy D with the operation thereof.

2. The term "entrusted business" means all of the services related to lease for the goods sold by the defendant, the payment of rents for a guarantee period for lease, the receipt and management of deposits, the colors and selection of lessees, the publicity of lease, the management of a lease contract, and other services related to lease for the defendant;

Article 2 (Name) The entrusted business shall be exercised in the name of the defendant.

Article 16 (Term of Contract)

1. The terms of the entrustment of operations shall be two years and may be renewed by up to 10 years subject to prior consultation.

2. The following two years shall be deemed to be effective in the event that no particular declaration is made to the administratorD or the defendant three months prior to the expiration of this contract term.

A special agreement - A special agreement shall be that the defendant shall pay a sum of KRW 600,000 per month (600,000) to the defendant as a guarantee fee for the entrustment.

- 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 November 20, 2016, Defendant B issued to the Dispute Resolution Co., Ltd. a power of delegation to confirm the fact of the lease agreement with respect to the instant real estate, including the lease-related business, the payment of rent for the guarantee period, the deposit money and the management thereof, the lessee’s physical color and selection, the advertisement for lease, the management of the lease contract (forming the contract), etc., and the power of delegation to D (representative C) with the same content as the said power of delegation. < Amended by Presidential Decree No. 27817, Jun. 18, 2018>