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(영문) 서울동부지방법원 2021.02.17 2020나1341
건물명도
Text

1. The appeal filed by the respondent (quasi-Review Plaintiff) is dismissed.

2. The costs of appeal shall be borne by the respondent (a quasi-Appellant).

Reasons

1. Basic facts

A. From April 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 above the real estate listed in the real estate list / [Attachment 1] among the first floor above the ground of the real estate indicated in the real estate list / [Attachment 2] drawings 1, 2, 3, 4, and 1, and part 51.21 square meters above the “A” was leased between the applicant and the respondent on November 21, 2018, the lease agreement of this case was concluded by setting the lease agreement of 87,430,000 won, monthly rent of KRW 2,056,30 (additional value separate), monthly maintenance expenses of KRW 364,500 (additional value separate), and period of lease 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 21, 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 submitted the certificate to the applicant (hereinafter “certificate of this case”) and made the applicant keep it in custody.

(b).

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