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(영문) 서울중앙지방법원 2020.04.22 2019가단5130695
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to the KRW 40,000,000, from July 2, 2018 to the attached list.

Reasons

1. Basic facts

A. On June 5, 2015, the Plaintiff concluded a contract with C (hereinafter “C”) on December 28, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On April 15, 2015, and May 31, 2018, the Plaintiff entrusted C with the instant real estate business, and C paid deposit deposit amounting to KRW 5,000,000 per month to the Plaintiff (hereinafter “instant business consignment contract”). The Plaintiff delegated the right to lease the instant real estate to C.

B. The Plaintiff’s power of delegation to C on May 31, 2018 indicated to the effect that “the Plaintiff shall verify the fact of the lease agreement with respect to the instant real estate, such as the lease-related work, the payment of rent during the guarantee period, the deposit money, and management, and delegate all the matters related to the lease to C: Provided, That upon the progress of the lease agreement, C shall notify the Plaintiff thereof.”

C. On May 24, 2015, C representing the Plaintiff entered into a lease agreement between May 26, 2015 to May 25, 2016 with regard to the instant real estate, between D and D, with regard to the period from May 26, 2015 to May 25, 2016, which constitutes KRW 30,000, monthly rent of KRW 300,000, and D deposited KRW 30,000 with the Plaintiff’s account. Since then, according to the instant sales consignment agreement as stipulated in the instant sales consignment agreement, C is entitled to use the lease deposit for the instant real estate.

Pursuant to A, KRW 5,00,000 shall be kept by the Plaintiff, and the remaining KRW 25,000,000 shall be remitted to C.

After concluding a lease contract with C on behalf of the Plaintiff, the Defendant resided in the instant real estate from July 2, 2016 to June 22, 2017, and prepared a monthly rent contract. On June 22, 2017, the period of lease is from July 2, 2016 to July 1, 2018, and the deposit is KRW 40,000,000, and the monthly rent is KRW 200,000, and the special agreement is stipulated in paragraph 10.

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