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(영문) 수원지방법원 성남지원 2018.07.18 2017가단4071

건물인도 등

Text

1. The Defendants (Counterclaims) shall indicate the Plaintiff (Counterclaim Defendant) on the first floor of the main floor of the real estate stated in the attached Form.

Reasons

1. Basic facts

A. On October 29, 2015, the Plaintiff, as a company entrusted with the entrusted management of real estate listed in the separate sheet (hereinafter “instant building”) from the Republic of Korea, entered into a contract for entrusted operation with the Defendant B as between October 29, 2015 and November 30, 2019 with respect to the first floor of the instant building, with the term of contract from October 29, 2015 to November 30, 2019; the amount of 88% of the sales of services; and the date of commencement of business on November 30, 2015; and on the same day, the Plaintiff entered into a contract for entrusted operation with the content of entrusting the operation of the instant building to the Defendant B, among the first floor of the instant building, from October 29, 2015 to November 30, 2019; and on the same day, entered into a contract for entrusted operation with the sales business of the instant building and the sales business of cosmetics for the purpose of 3.10.

(B) The term “instant contract” between the Plaintiff and the Defendants refers to the foregoing service contract, and the pertinent contract is deemed to be “instant contract” (hereinafter “instant contract”).

The main contents of the terms and conditions of the contract stated in the instant contract (Evidence A) are as follows.

Article 2 (1) "Re-entrustment" means that a truster who is a management trustee of D re-entrustments the operation of contract facilities to a trustee who is another business operator under this service contract.

Article 5:A trustee shall have the right to possess and use the contract facilities for the implementation of this Agreement and may hold any other rights.

Article 11 (1) A trustee shall operate an object according to the type of business and use contracted with the truster.

Provided, That the trustee may change the type and use of the contract facilities with the prior consent of the truster.

Article 20 (Deposit and Reversion of Contract) ① In order to guarantee the implementation of this Agreement, the trustee shall pay to the trustor in cash an amount equivalent to 20 million won, which is the estimated sales in the Project Proposal, or the same.