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(영문) 수원지방법원안산지원 2019.11.01 2019가단55678
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 60,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 11, 2004, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant officetel”) from C on May 11, 2004 and completed the registration of ownership transfer on May 21, 2004.

B. On January 16, 2017, the Plaintiff issued to D a letter of delegation (No. 1; hereinafter “instant letter of delegation”) with the following contents, and issued a certificate of personal seal impression (No. 2) of the principal indicating “for lease of the E building F” in the usage column.

- The person to be delegated - the indication of G real estate - the portion to be delegated to the Etel F - the portion delegated to the Etel F - the amount to be delegated to the management of officetel rental contracts and the repair and management of facilities - the full amount of lease deposit, the cost of repair and replacement

1. Cases related to the lease contract;

2. Facilities management cases;

3. Delegation of participation in meetings of the representatives of occupants related to new buildings;

C. On January 2017, G used the said delegation and a certificate of personal seal impression as the Plaintiff’s agent, G leased the instant officetel to the Defendant as KRW 30,000,000, monthly rent of KRW 200,000, and the lease period from January 20, 2017 to January 20, 2018. The Defendant paid KRW 30,000,000 to G around January 20, 2017.

G On February 12, 2018, with the Plaintiff as lessor, concluded a lease agreement between the Defendant and the instant officetel with respect to deposit 60,000,000, and the lease period from February 12, 2018 to February 12, 2019 (hereinafter “instant lease agreement”). The Defendant paid KRW 30,000,000 additional deposit to G around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Summary of the cause of the claim;

A. The summary of the main claim is that the Defendant entered into a lease agreement with G that was not delegated by the Plaintiff with the authority to conclude the lease contract, and that case until now.

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