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(영문) 대전지방법원천안지원 2020.01.15 2019가단111536
건물인도
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 14,428,060 as well as the full payment period from October 10, 2019 to the full payment period.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination on a counterclaim

A. The facts of recognition are as owner of the real estate listed in the separate sheet (hereinafter the building in this case) on November 18, 2015, the Plaintiff: (a) between the owner of the building in this case as the owner of the real estate listed in the separate sheet (hereinafter the building in this case); and (b) between the owner of the building in this case and the business consignment company C (representative D) on November 18, 2015, the owner of the building in this case shall entrust the business consignment with all of the business related to the lease, payment of rent during the lease guarantee period, receipt and management of deposit money, lease deposit money, lessee color and selection, public relations, lease management (form of a lease contract) and other lease-related business conducted for the owner; (c) however, it is reasonable to deem that the business consignment in this case entered into the business consignment agreement to pay KRW 400,000 per month with deposit money to the owner (hereinafter the business consignment in this case); (d) the above delegation of authority stated the above “all related business affairs for other owners” differently from the authority to inspect and visit.

The power of attorney has been delegated to the contents.

In the instant business consignment agreement, the contents that the business consignment operator may differ from the above guarantee amount at the time of the lease contract with the lessee (referring to the deposit amount and the monthly rent of the lessee), and that “the entrusted business shall be exercised in the name of the owner (Article 2),” “the owner of the property of the entrusted business operator for the entrusted business shall adopt the business operation method of the entrusted business operator (Article 4(2)),” and “the entrusted business operator and the owner of the property, without prior consultation, shall abolish or suspend the entrusted business during the term of the contract.”

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