(영문) 수원지방법원안양지원 2020.11.27 2020가단107139

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(영문) 수원지방법원안양지원 2020.11.27 2020가단107139

건물인도

Text

1. The Plaintiff (Counterclaim Defendant) simultaneously with the delivery of real estate stated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”), and the Defendant is the lessee of the instant real estate.

B. On August 7, 2018, the Plaintiff entered into a business consignment agreement with D who is engaged in real estate rental management business under the trade name “C” and the instant real estate.

(hereinafter “instant sales consignment agreement”). The main contents are as follows:

Article 1 (Purpose)

1. The Plaintiff shall entrust Cro business (hereinafter “this entrusted business”) with respect to the instant real estate.

2. The term "entrusted business" means all of the affairs related to lease, payment of rent for the period of lease guarantee, collection and management of rental deposit, lessee's physical color and selection, public relations for lease, management of lease contracts and other affairs related to lease conducted for and against the plaintiff, such as the management of the goods sold to the plaintiff;

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

Article 6 (Management Expenses, etc.)

1.C's expense shall be the expenses required for exercising this entrusted business;

Provided, That the expenses incurred by the date the contract commences shall be the expenses of the plaintiff.

2.The brokerage commission shall be paid by C.

Article 9 (Entrustment Fees and Revenues)

1.C shall deduct the annual commission fees for the entrusted business in question (one-month monthly rent per unit) from the first monthly rent of the first month on the date of the commencement of the contract.

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

3. Omission Special Agreement - The plaintiff concludes this business consignment agreement separate from the sales contract, and concludes this agreement with C, recognizing that the public relations of lease, tenant color and selection, rental deposit receipts and management, issuance of lease contracts, etc.

- C As a guarantee fee for the commission fee to the Plaintiff, KRW 700,000 per month ( KRW 10,000) shall be KRW 10,000 per month.

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