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(영문) 대전지방법원 2020.11.03 2020나108965

건물명도(인도)

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1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) in the amount of KRW 9,492,470.

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer in its name on November 24, 2015.

B. The Plaintiff’s head office C around November 18, 2015: D, E, and business registration number of the Seo-gu, Seoan-gu, Seocheon-si.

F. hereinafter referred to as “foreign company”);

[2] The sales consignment agreement between the non-party company and the non-party company (hereinafter “instant consignment agreement”) which entrusts the whole business related to the lease of the building of this case (such as the payment of rent for the lease guarantee period, the receipt and management of rental deposit money, the lessee’s physical color and selection, the promotion of lease, and the management

Article 4 (Matters for Consultation).

2. With respect to the profit structure of the non-party company (hereinafter referred to as “A”) entrusted with the business of the Plaintiff (hereinafter referred to as “B”) shall adopt the business method of the Plaintiff (hereinafter referred to as “B”).

Article 8 (Discontinuance and Prohibition of Vicarious Execution of Entrusted Business) A may not act on behalf of a third party as an absolute agent, as well as the abolition or suspension of the entrusted business during the contract period without prior consultation with B.

Article 16 (Term of Contract)

1. The period of a contract for business entrustment shall be two years, and may be extended by up to ten years in consultation between the parties thereafter;

2. In the event that there is no express declaration of intention to Gap or Eul three (3) months prior to the expiration of this contract term, the following two years shall be deemed valid, and this example shall be followed thereafter.

Special agreement - A shall pay 40,000 won per month to 3 million won as a security deposit for an entrustment fee to Eul.

- A may be different from the amount of the above guarantee when the lease contract is made with the lessee.

The main contents of the instant consignment contract are as follows.

-Co., Ltd. - address C: business number of G building E in Seo-gu, Seoan-si: F contact number: He/she will pay rent for the instant building during the lease guarantee period, lease deposit, and lease deposit.