(영문) 대전지방법원천안지원 2020.08.19 2019가단113075

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(영문) 대전지방법원천안지원 2020.08.19 2019가단113075

건물명도(인도)

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1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and each month from March 1, 2019 to the completion date of the above delivery.

Reasons

1. Facts of recognition;

A. On November 5, 2013, the Plaintiff completed the registration of ownership transfer based on sale on February 4, 2013 with respect to real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 16, 2015, the Plaintiff entered into a business consignment agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) to entrust the business related to the lease of the instant real estate to the Nonparty Company.

The main contents of the contract are as follows:

- The Plaintiff shall entrust the non-party company with the business of operating the instant real estate in the agreement.

- Entrusted business means all of the lease-related services conducted for and against the plaintiff, such as lease-related services, payment of rent for the lease guarantee period, receipt of deposit money and management, lessee's physical color and selection, public relations, lease contract management (form of contract), and other services related to lease for the plaintiff.

- The non-party company shall deduct the annual commission fee for the entrusted business at the first month rent of the first month on the date of the commencement of the contract.

- The non-party company shall pay 400,000 won per month to the Plaintiff for each heading, respectively, with a guarantee fee for the commission.

- When the non-party company enters into a lease contract with a lessee, the amount of the above security may vary.

C. On August 8, 2017, the lease deposit amount of KRW 40,00,000 for the lease deposit with the lessor, the Defendant, the lessee, and the non-party company as the lessor’s agent was written from August 26, 2017 to August 25, 2019.

(hereinafter referred to as the “instant contract”). The terms and conditions of the agreement stipulate that “liability for the refund of deposit shall be responsible in the Dispute Resolution Co., Ltd.”

At the time, Nonparty Company issued a certificate of personal seal impression stating that the Plaintiff was “for monthly rent contract use” with the Defendant on November 27, 2013.

From that time, the Defendant occupied the instant real estate from that time to that time.

(e).

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