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(영문) 대전지방법원천안지원 2020.09.29 2019가단115507
건물명도(인도)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B is KRW 140,00,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On December 10, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed each registration of ownership transfer on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) on December 10, 2015, based on the sale on August 4, 2015, and on the real estate listed in the separate sheet No. 2 (hereinafter “instant two real estate”) on September 27, 2016, on December 21, 2015.

B. Around November 2015, the Plaintiff entered into a business consignment agreement with respect to the instant real estate No. 1, and around August 21, 2016, with respect to the instant real estate No. 2, each of the instant real estate No. 2, and the common main contents of each business consignment agreement are as follows.

(hereinafter referred to as “instant one business consignment agreement, etc.” in the order of order, and combined each business consignment agreement of this case. Each of the instant business consignment agreements shall enter into a business consignment agreement between D and the Plaintiff of the owner of the building and the land of this case as follows:

Article 1 (Purpose)

1. The Plaintiff shall entrust the instant real estate to the Dispute Resolution Co., Ltd. with the business of operating the instant real estate as D (hereinafter “the instant trust business”).

2. The term "entrusted business" means all of the business affairs related to lease, the payment of rents for the period of guarantee for lease, the receipt and management of deposits, the colors and selection of lessees, the publicity of lease, the management of lease contracts and other business affairs related to lease conducted for and against the plaintiff, such as lease-related affairs, the payment of rents

Article 2 (Name) The entrusted business shall be exercised under the name of the plaintiff.

Article 11 (Fees and Revenues from Entrustment)

1.The LABD shall deduct the annual commission fee for the entrusted business (one-month monthly rent for each unit) from the first monthly rent for the first month of the date of the contract commencement.

2. In principle, the Plaintiff’s earnings shall be deposited every month in the account designated by the Plaintiff, separately.

A special agreement - The plaintiff concludes this business consignment agreement separate from the sales contract, and it is the case D.

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