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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 7, 2016, the Plaintiff completed the registration of ownership transfer based on sale on July 16, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On March 1, 2018, the Plaintiff entered into a sales consignment agreement with C (hereinafter “instant sales consignment agreement”) with respect to the instant real estate, to which the Plaintiff will be paid KRW 550,000 per month as a deposit security deposit (hereinafter “instant sales consignment agreement”). The main contents of the instant sales consignment agreement are as follows.
Article 2 (Name) The entrusted business shall be exercised under the name of the plaintiff.
Special agreement - The plaintiff concludes this contract with the recognition that the non-party company is performing the duties of public relations of lease, tenant color and selection, deposit money and management, issuance of lease contract, etc.
- The non-party company shall pay 50,000 won per month to the Plaintiff a deposit amount of KRW 5,00,000 per month to the Plaintiff.
- When the non-party company enters into a lease contract with a lessee, the amount of the above security may vary.
- The non-party company may create a virtual account in the name of the plaintiff for the management of the deposit and rent of the lessee, and the plaintiff agrees thereto.
C. However, on March 1, 2018, the Plaintiff: “Around March 1, 2018, the Plaintiff issued a letter of delegation to D with the authority related to the lease of the instant real estate, including the duties related to the lease, the payment of rent for the period of the lease guarantee, the receipt and management of the deposit deposit money, the lessee’s physical color and selection, and the management of the lease contract (form of the contract).”