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(영문) 청주지방법원 2020.04.03 2019가단31146
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as the “real estate in this case, collectively, and individually, the building Nos. 1 and 2) is owned by the Plaintiff who completed the registration of ownership transfer on December 23, 2016, respectively.

B. The Plaintiff entered into a business consignment agreement (hereinafter the instant business consignment agreement) with Nonparty D’s representative E (hereinafter, Nonparty D) on the instant real estate, and its main contents are as follows.

(1) The Plaintiff entrusted Nonparty D with the instant building’s business as Nonparty D.

Entrusted business refers to all the affairs related to the lease for the plaintiff, such as the lease-related business, the payment of rent for the lease guarantee period, the receipt of deposit money and the management thereof, the lessee's physical color and selection, the public relations for lease, and the management of the lease contract for the building in this case.

Dor the above entrusted business shall be exercised in the name of the plaintiff.

Secondly, the Plaintiff entered into the instant business consignment agreement separate from the sales contract, and concluded this agreement with the recognition that the Plaintiff carries out the business of publicity of lease, tenant color and selection, deposit money and management, issuance of lease contract, etc. through Nonparty D.

x) Nonparty D shall pay to the Plaintiff KRW 400,000 per month for the instant building with the guarantee fee for the commission fee, and KRW 500,000 per month for the instant building, KRW 500,000 per month for the instant two buildings.

(v)the amount of guarantee and the deposit and monthly rent of the lessee when Nonparty D enters into a contract with the lessee;

C. On December 14, 2016 and January 26, 2019, the Plaintiff entered into a lease agreement with Nonparty D, accompanied by a certificate of personal seal impression issued by the Plaintiff, such as lease-related duties, payment of rent during the lease guarantee period, deposit money and management, lessee color and selection, lease promotion, lease management, etc.

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