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(영문) 수원지방법원 2020.07.22 2019가단545146

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 20, 2017, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant housing”) entered into a business consignment agreement with C Co., Ltd. with respect to the instant housing (hereinafter “instant business consignment agreement”). The main contents of the instant contract are as follows.

A business consignment contract shall be concluded between the operator of the business consignment contract and the owner A (hereinafter referred to as "B") of the building and the share in the land of the main object, as follows:

Article 1 [Purpose]

1. “B” shall entrust “A” with the business of operating a large number of housing units to “A” as “A” (hereinafter referred to as “the entrusted business”).

2. The term "B" means all of the services related to lease, payment of rent for the lease guarantee period, collection and management of rental deposit, lessee's color and selection, publicity of lease, lease management, and other services related to lease for "B", such as lease-related services, for goods sold in lots in lots in lots;

Article 2 [Name] The entrusted business shall be exercised in the name of "B".

Article 4 【Consultation Matters】

1.A "A" shall consult on the proceeds of "B" and the structural modifications of this article in accordance with the entrusted business.

2. With respect to the revenue structure of the business consignment “A”, “B” shall adopt the business method of “A”.

Article 9 [Damages] Where an agent of "A" or "A" causes damage to a tenant or a third party with respect to the entrusted business, he/she shall be treated under the responsibility of "A" and compensate for damage, regardless of the reasons therefor.

Special agreement - The term "B" is to enter into this business consignment agreement separate from the sales contract, and it is to carry out the affairs such as lease publicity, tenant color and selection, lease deposit receipts and management, and the issuance of lease contracts through "A".