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(영문) 대전지방법원천안지원 2020.05.20 2019가단111208
건물명도(인도)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is liable to the defendant (Counterclaim plaintiff) for 50,097.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 4, 2016, the Plaintiff completed the registration of ownership transfer based on sale on February 1, 2016, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 25, 2016, the Plaintiff entered into a sales consignment agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on the instant real estate (hereinafter “instant sales consignment agreement”). The main contents are as follows.

(B) Of them, “A” means a non-party company, “B” means the Plaintiff). Article 1 / [Purpose]

1. Eul shall entrust A with the business of this case to the Bank of Bankruptcy Co., Ltd.

2. The term "entrusted business" means all of the affairs related to lease for the goods sold in lots, the payment of rents for the period of lease guarantee, the receipt and management of deposits, the colors and selection of lessees, the publicity of leases, the management of lease contracts, and other affairs related to lease for such purposes;

§ 2. [Name] This entrusted business shall be exercised in the name of Section B.

Article 4 (Matters for Consultation)

2.As to the profit structure of Gap of this business consignment, Eul will adopt the operating method of Gap of this business consignment.

Special agreement - A shall be deemed to pay 70,000 won per month for 10,000,000 won as a security deposit for an entrustment fee to B.

- A may be different from the above-mentioned security deposit when a lease contract is made with a lessee.

- A may create a virtual account in the name of B for the management of tenant deposits and rents, and B shall consent thereto.

C. Around that time, the Plaintiff prepared a power of attorney (hereinafter “the power of attorney of this case”) with the following contents and issued a certificate of personal seal impression directly issued to the non-party company:

The delegating person himself/herself shall engage in the business related to the lease of the instant real estate, pay rents for the guarantee period, receive deposit money and manage it, and color and select the lessee.

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