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A. Defendant (Counterclaim Plaintiff) E is simultaneously paid KRW 70,000,000 from Plaintiff (Counterclaim Defendant) A.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Plaintiff A entered into a sales consignment agreement. The Plaintiff’s real estate No. 1 listed in the separate sheet (hereinafter “real estate No. 1”) on September 27, 2018.
(B) On August 23, 2018, Plaintiff B is the real estate No. 2 as indicated in the separate sheet (hereinafter referred to as “real estate No. 2”).
(C) On September 20, 2018, Plaintiff C’s real estate No. 3 as indicated in the separate sheet (hereinafter “real estate No. 3”).
(D) On September 10, 2018, Plaintiff D’s real estate No. 4 as indicated in the separate sheet (hereinafter “real estate No. 4”).
(3) The registration of ownership transfer in one’s own name was completed (hereinafter collectively referred to as “each of the instant real estates”).
(2) On September 12, 2018, L (hereinafter referred to as “K”) conducting real estate management business, etc. under the trade name of “K” (hereinafter referred to as “K”) drafted a written business consignment agreement with Plaintiff C and 4 on August 16, 2018 with respect to the real estate No. 1 and an officetel M as to the real estate No. 2 and Plaintiff B on August 14, 2018, with respect to the real estate No. 3 and Plaintiff C and 3 on August 16, 2018, respectively, on August 16, 2018, and its main contents are as follows:
(hereinafter referred to as “each of the instant consignment contracts”). The sales consignment contracts between K (hereinafter referred to as “A”) and the owners of the ownership of buildings and land subject to the instant consignment contract (hereinafter referred to as “B”) shall enter into a sales consignment agreement as follows:
Article 1 (Purpose)
1. Eul shall entrust Gap with the business of Kro for each real estate of this case.
2. The term "entrusted business" means all of the affairs related to lease of goods sold in lots, payment of rents for a lease guarantee period, collection and management of rental deposit money, lessee's color and selection, publicity of lease, management of a lease contract, and other affairs related to lease for other purposes;
Article 2 (Name) The entrusted business shall be exercised in the name of B.
This special agreement is separate from the sales contract.