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(영문) 수원지방법원 2020.04.29 2019가단533419

건물명도(인도)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B Co., Ltd. delivers the buildings listed in the annexed sheet;

B. Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer on September 27, 2017 by selling a building listed in the separate sheet (the instant building).

On September 22, 2017, the Plaintiff entered into a business consignment agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”). The main contents of the agreement were that Defendant B’s business related to the lease of the building of this case, including all business related to the lease of this case, deposit money and management thereof, lessee’s color and selection, publicity, lease, management of the lease contract (form of a contract), etc., and the entrusted business is conducted in the name of the Plaintiff, and the deposit amount is five million won per month and five million won per month. In the event of a lease agreement, the lease agreement was concluded, including that the above guarantee amount and the lessee’s deposit amount and monthly rent can be different.

(A) A sales consignment contract. (b)

On September 22, 2017, the Plaintiff delegated Defendant B with the authority related to all matters related to the lease, such as lease related to the building of this case, payment of rent for the guarantee period, receipt of deposit money and management of the lease deposit, lessee's physical color and selection, publicity of lease, management of the lease contract (form of the contract) and household inspection and visit.

(B) No. 2 of this title. (c)

On April 11, 2018, Defendant C entered into a lease agreement on the instant building between Defendant B’s employee (D director) and the Plaintiff’s employee (D director) with respect to the lease deposit amounting to KRW 50 million and the period from April 15, 2018 to April 14, 2019 (hereinafter “instant lease agreement”).

At the time of the above lease agreement, the employees of Defendant B stated that they were duly delegated the authority to conclude the lease agreement of the instant building on behalf of the Plaintiff by presenting the power of representation granted by the Plaintiff to Defendant B, the Plaintiff’s certificate of personal seal (as of September 21, 2017), the Plaintiff’s identification card, and the Plaintiff’s identification card copy.

The above employees registered the dissolution of the corporation by Defendant B.

E, the representative director of or Defendant B, is an individual “B”.