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(영문) 서울동부지방법원 2021.02.05 2020나1310
건물명도
Text

The appeal by the respondent (the plaintiff in quasi-examination) shall be dismissed.

The costs of appeal shall be borne by the respondent.

Reasons

1. Basic facts

A. From January 1, 2002, the applicant entered into a lease agreement with the respondent (quasi-Review Plaintiff; hereinafter “the respondent”) [Attachment 1] / [Attachment 2] among the first floor underground of the real estate listed in the real estate list [Attachment 1] among the first floor above the real estate listed in the real estate list [Attachment 2] drawings 1, 2, 3, 4, and 1, and the part “A” in the order of priority between the applicant and the respondent during the lease of 58.31m2m2, on November 22, 2018, the lease agreement was concluded between the respondent and the respondent during the lease contract with the amount of KRW 83,920,00 for the lease deposit, monthly rent of KRW 1,506,00 for the maintenance cost of monthly management maintenance cost of KRW 414,90 for the lease contract (a separate value-added tax), and from January 1, 2019 to December 31, 2019 (hereinafter “the lease agreement”).

2) The instant lease agreement stipulates as follows.

The applicant and the respondent shall be detrimental to the filing telephone for the implementation of the instant lease agreement.

Expenses incurred in the procedures for the authentication of relevant delegations and the filing of lawsuits shall be borne by the applicant and the respondent, and the respondent shall keep the power of representation for the filing of the lawsuit and the filing of the contract of this case.

The applicant (Article 30(3)3 of the Lease Agreement of this case) shall, immediately before entering into the lease agreement of this case, delegate the legal representation to the attorney-at-law on the case of filing a petition under the lease agreement between the applicant and the respondent, and grant the authority of judicial and non-judicial reconciliation, etc. to the respondent.

The applicant issued a letter of delegation in the form of a lawsuit, stating in the same letter, and the applicant completed the power of attorney with a seal affixed to the column for delegation of the above form of power of attorney. On November 22, 2018, the notary public D signed the instant lease agreement with the applicant upon obtaining certification that the signature and seal of the power of attorney was confirmed to be the respondent at the office of notary public D, and had the applicant submit the letter of certification (hereinafter “certificate of this case”) to the applicant and keep it in custody.

(b).

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