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(영문) 대전지방법원천안지원 2019.12.18 2019가단109243

임대차보증금

Text

1. At the same time, the Defendant received from the Plaintiff the delivery of Seobuk-gu, Seoan-gu, Seoan-gu, and No. 35 million won from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 11, 2016, the Defendant purchased Seo-gu Northern-gu C and D (hereinafter “instant building”) and entered into a business consignment agreement (hereinafter “instant business consignment agreement”) with E (hereinafter “E”) with respect to the instant building on November 11, 2016, and acquired the ownership of the instant building on January 24, 2017.

The main contents of the instant business consignment agreement concluded between the Defendant and E are as follows.

- The defendant shall entrust E with the business of the building of this case.

The term "entrusted business" refers to all of the rental-related business conducted by E for the defendant, such as the business related to lease, the payment of rent for the guarantee period, the receipt of deposit money and the management thereof, the lessee's physical color and selection, the publicity of lease, the management of lease (form of contract)

(Article 1) - The entrusted business shall be exercised in the name of the defendant.

(Article 2) . - With respect to the profit structure of E for this entrusted business, the defendant shall adopt the E business method.

(Article 4. - In principle, E shall have the ownership of, and rights to use, internal organs, facilities, etc. necessary for the operation of the entrusted business, and shall exercise its rights during the entrusted management period.

(Article 5) . - The defendant concludes this contract with the recognition that the public relations of lease, tenant color and selection, rental deposit receipts and management, issuance of lease contracts, etc. are conducted through E.

(Special Agreement) . - E shall pay 10,000,000 won per month to the Defendant a security deposit with the proceeds of lease.

E may be different from the amount of the above security deposit when a lease contract is made with a lessee.

(b) matters of special agreement;

On November 11, 2016, the defendant confirmed that "E" was a lease-related business for the building in this case, the payment of rent for the guarantee period, the receipt and management of rental deposit, the lessee's physical color and selection, public relations, the management of the lease contract (the preparation of the contract), etc., and all of the matters related to the lease.