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(영문) 수원지방법원 2018.11.13 2017가단29282
건물인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 29, 2008, the Defendant drafted a lease agreement with the head of the management office of the D building located in Suwon-gu, Suwon-si, Seoul (hereinafter “the instant officetel”) and the officetel 503 of this case owned by the Plaintiff as the lease deposit amount of KRW 13,00,000,000 and the lease term of KRW 24 months from March 8, 2008.

(hereinafter “instant lease agreement”). B.

The Defendant paid the remainder of KRW 8,00,000 to E on February 29, 2008, and the remainder of KRW 8,000,000,00 to E on March 8, 2008. The Defendant received the keys of the instant officetel 503 from E and resided in the instant officetel from around that time.

E has been working as the manager of the instant officetel from 2000 and has been in charge of the management of buildings, etc.

E manages each household owned by a majority of the above officetels from the plaintiff who owns the plaintiff, and is authorized to newly recruit lessees and deliver them to the plaintiff with the right to enter into a lease deposit or rent on behalf of the plaintiff, and is not delegated with the authority to enter into a new lease contract. Thus, if there is a tenant who wishes to enter into the above officetel, the tenant shall not enter into a lease contract with the tenant without the consent of the plaintiff and shall not receive a lease deposit or rent from the tenant, and if he is paid a lease deposit or rent from the tenant, he/she shall inform the plaintiff or the above F thereof so that he/she may enter into a lease contract without the consent of the plaintiff.

Nevertheless, in violation of the above duties, E concluded a lease contract with a lessee from August 2008 to November 2, 2013 and concluded a lease contract from around August 2008 to around November 2, 2013, is equivalent to KRW 58,30,000,000.

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