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(영문) 대전지방법원천안지원 2020.10.14 2020가단102668
건물인도
Text

From January 28, 2019 to the completion date of delivery of the building indicated in the attached Form, the defendant from the plaintiff 25,000,000 to the 180th day of January.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff completed the registration of ownership transfer with respect to the building indicated in the separate sheet (hereinafter “instant building”).

B. On September 27, 2013, the Plaintiff entered into a business consignment agreement with Nonparty C (hereinafter “Nonindicted Company”) with the purport that the Plaintiff entrusts Nonparty Company with all business affairs related to the lease of the instant building, and the Nonparty Company shall conduct the entrusted business under the name of the Plaintiff, and shall pay KRW 480,000 per month with the amount of guarantee for the entrustment.

C. On January 19, 2016, the Defendant entered into a lease agreement with the non-party company named as the Plaintiff’s agent with the content that the lease deposit is KRW 25,000,000 for the lease deposit, monthly rent is KRW 180,00 for the lease period, and the lease period is determined as of February 2, 2018, and all the deposit was paid around that time.

On February 2018, the non-party company was dissolved, and the non-party company was appointed as liquidator, and the non-party company continued to perform the business consignment business that the non-party company was the non-party company with the trade name "G" and the non-party company was registered as a liquidator.

E. On November 5, 2018, the Plaintiff issued to G a letter of delegation and a certificate of personal seal issued to G, stating that “The Plaintiff verified the fact of the lease contract, such as the relevant business regarding the lease, the payment of rent for the guarantee period, the receipt and management of rental deposit money, the lessee’s physical color and selection, public relations, and the management of the lease contract (form of the contract) with respect to the instant building, and delegated G with all matters related to the lease, as well as authority related

(f) above C.

A lease contract is concluded between G and G, which was represented by the Plaintiff’s agent on January 19, 2019. The Defendant concluded a lease contract with the terms that the Defendant leases the instant building from the Plaintiff as the deposit for lease, KRW 25,000,000, monthly rent of KRW 180,000, and the term of lease from January 28, 2019 to January 27, 2021.

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