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(영문) 서울동부지방법원 2021.02.17 2020나1419

건물명도

Text

1. The appeal filed by the respondent (quasi-Review Plaintiff) is dismissed.

2. The costs of appeal shall be borne by the respondent (a quasi-Appellant).

Reasons

1. Basic facts

A. From January 1, 2002, the applicant entered into a lease agreement with the respondent (quasi-Review Plaintiff; hereinafter “the respondent”) [Attachment 1] of the first floor above the real estate listed in the real estate list [Attachment 2] of the first floor above the ground of the real estate listed in the real estate list [Attachment 1] [Attachment 2] of the drawings indicating 1, 2, 3, 4, 5, and 1, and the lease agreement between the applicant and the respondent during the lease of part 91.67 square meters of “A” (C) on November 28, 2018, the lease agreement was concluded between the respondent and the respondent during the lease agreement with the term “216,160,000 won of the lease deposit, monthly rent 3,924,700 won (excluding value-added tax), monthly management expenses (value-added tax), and the lease agreement from January 1, 2019 to the renewal of the lease agreement (hereinafter “the lease agreement”).

2) The instant lease agreement stipulates as follows.

The applicant and the respondent shall be detrimental to the filing telephone for the implementation of the instant lease agreement.

Expenses incurred in the procedures for the authentication of relevant delegations and the filing of lawsuits shall be borne by the applicant and the respondent, and the respondent shall keep the power of representation for the filing of the lawsuit and the filing of the contract of this case.

The applicant (Article 30(3)3 of the Lease Agreement of this case) shall, immediately before entering into the lease agreement of this case, delegate the legal representation to the Respondent for the case of filing a petition under the lease agreement between the applicant and the respondent, and grant the Respondent the authority of judicial and non-judicial reconciliation, etc.

The applicant issued a letter of delegation in the form of a lawsuit, stating in the same letter, and the applicant completed the power of attorney with the seal affixed to the column for delegation of the above form of power of attorney. On November 28, 2018, upon obtaining certification from the office of notary public E, the applicant confirmed that the signature and seal of the power of attorney was the respondent, and entered into the instant lease agreement with the applicant, the applicant submitted the letter of certification (hereinafter “certificate of this case”) to the applicant and made the applicant keep it in custody.