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(영문) 서울북부지방법원 2020.09.10 2019가단146588
건물명도(인도)
Text

The Plaintiff (Counterclaim Defendant) pays KRW 40,000,000 to the Defendant (Counterclaim Plaintiff).

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. The Plaintiff is the owner of Dobong-gu Seoul Metropolitan Government Office Officetel engaging in real estate leasing business, including the above Officetel, and D (name E after the opening of the name) was the defendant's director who performed the business of lease and management.

B. On January 10, 2019, the Defendant: (a) concluded a lease contract under the name of the Plaintiff, the Defendant, the lessee, and the lessee on February 12, 2019 to February 11, 2020; (b) paid KRW 2,00,000 to the former tenant F; (c) paid KRW 2,00,000 to the former tenant on the same day as the down payment; (d) received a receipt under the name of the Plaintiff on the said amount; and (e) deposited KRW 38,00,000 in the account under the name of the Ctel management office on February 11, 2019.

C. D. D. F.D.

After entering into a lease contract as stated in the port, the rental deposit is KRW 40 million from KRW 40 million to KRW 5 million, KRW 250,000 from KRW 250,000 in monthly rent, and the lease term is changed from February 12, 2019 to November 8, 2019 from February 11, 2020 to November 11, 2018, respectively, and the Plaintiff submitted the lease contract under the name of the Plaintiff and the Defendant as if they were a lease contract which was completely prepared.

From March 2019, the Defendant paid 250,000 won per month to the Plaintiff from March 201 to the monthly rent under the lease agreement.

E. When the Plaintiff came to know that D, with respect to the lease of Ctel, obtained a forged lease contract from the lessee, he/she filed a criminal complaint against D around February 2019, and D was delegated only to the Defendant with the authority to enter into or renew the Ctel lease contract in the amount of KRW 5 million to KRW 10 million to KRW 5 million to KRW 50 million to KRW 10 million to KRW 5 million to KRW 500,000 to KRW 5 million to KRW 500,000 to KRW, in violation of this case.

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