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(영문) 서울중앙지방법원 2020.07.01 2019가단5216780
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) from 34,000,000 to 34,000 won from the Plaintiff (Counterclaim Defendant) to the Plaintiff (Counterclaim Defendant) from August 30, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On June 26, 2015, the Plaintiff completed the registration of ownership transfer for the reasons of sale on January 12, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 31, 2015, the Plaintiff entered into a contract with D (hereinafter “D”) to entrust the instant real estate business to D, and D to pay deposit KRW 10,000,000 per month to the Plaintiff (hereinafter “instant business consignment agreement”), and delegated D to D the right to lease the instant real estate.

B. Article 1 (2) of the Business Entrustment Contract of this case provides that "the entrusted business refers to all of the services related to lease for the goods sold by the plaintiff, the payment of rent for the period of lease guarantee, the collection and management of rent for the lease deposit, the selection and public relations of lessees, the management of the lease contract (the preparation of the contract), and other services related to lease for the plaintiff," and Article 2 (title) provides that "the above entrusted business shall be exercised in the name of the plaintiff," and the special agreement column provides that "the plaintiff shall enter into the business entrustment contract separately from the sales contract, and the plaintiff shall enter into this contract, recognizing that the business of lease is conducted, such as promotion of lease, tenant color and selection, the number and management of lessees, the issuance of the lease contract, etc." and "D may create a virtual account in the name of the plaintiff for the management of the deposit and rent, and the plaintiff agrees thereto."

C. The Plaintiff’s power of attorney on October 31, 2015 (hereinafter “the instant power of attorney”) with respect to D is with respect to all the lease-related matters, such as lease-related duties, payment of rent for the period of guarantee, receipt and management of deposit money, lease deposit, color and selection of lessee, publicity of lease, management of lease contract (form of contract), and household inspection and visit.

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