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(영문) 수원지방법원 2020.11.17 2019가단554737
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2017, the Plaintiff purchased each sectionally partitioned building listed in the separate sheet (hereinafter “each sectionally partitioned building of this case”) from D for KRW 134,143,000, and completed the registration of ownership transfer on November 9, 2018.

B. E filed an application for registration of a business with the name of “F”, “F”, and the opening date of the business with the location of “Blue G Building, Hho,” the type of business “business type”, “type of real estate”, “type lease management, and sales agency,” with the business registration (registration number I; hereinafter “instant business registration”) of the foregoing contents, and issued a business registration certificate to E.

C. On February 20, 2019, the Plaintiff and E entered into the instant business consignment agreement (hereinafter “instant business consignment agreement”) with L Co., Ltd., and the Plaintiff asserted that the instant business consignment agreement was concluded with L Co., Ltd., but the Nonparty Co., Ltd was established on August 7, 2013 with the real estate leasing business, etc. as its business objective, and the head office was established at Yan City, as the head office, and dissolved by a resolution of the general meeting of shareholders on February 14, 2018.

The business consignment agreement of this case was concluded on February 20, 2019, and it is clear that the business consignment agreement of this case was concluded with E who uses the trade name, "F," not the non-party company, even if the address, trade name, and business operator number stated in the business consignment agreement of this case coincide with the business registration of this case.

The main contents are as follows:

(‘A’ means E, “B” means the Plaintiff, respectively). Article 1 (Purpose)

1. Eul shall entrust Gap with the business of F with respect to the corresponding lake of K building in J in terms of harmony (hereinafter referred to as "the entrusted business").

2. Entrustment business means leasing-related services and payment of rents for the period of lease guarantee for goods sold in lots;

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