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(영문) 대전지방법원천안지원 2020.10.27 2019가단111482
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

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

1. Facts of recognition;

A. On January 11, 2018, the Plaintiff completed the registration of ownership transfer for reasons of sale on August 2, 2016 with respect to the buildings listed in the separate sheet (hereinafter “instant building”).

B. On December 12, 2017, the Plaintiff entered into a sales consignment agreement with the Plaintiff (representative D) in relation to the instant building, and the main contents are as follows.

The entrusted business under Article 2 (Name) of the Business Entrustment Contract shall be exercised under the name of the plaintiff.

Article 4 (Matters Subject to Consultation)

2. The plaintiff shall adopt the operating method of the LAC with respect to the revenue structure of the LAC.

Article 17 (Discontinuance of Entrusted Business and Prohibition of Vicarious Execution) The Dispute Resolution Co., Ltd shall not, without prior consultation with the plaintiff, terminate or suspend the entrusted business during the term of the contract, nor have a third party act on behalf of the plaintiff.

The special agreement - The term "one hundred million won (570,000)" in four pages of the business consignment agreement (Evidence No. 3) shall be deemed to be a clerical error in writing in the amount of a deposit to the defendant in the amount of a guarantee fee for the commission.

shall be payable at each subparagraph of this section.

- The amount of guarantee of the lessor and the deposit and monthly rent of the lessee may be different when the LOBC makes a lease contract.

C. On December 12, 2017, the Plaintiff confirmed the fact of the lease agreement with the Dispute Resolution Co., Ltd., including the lease-related business, the payment of rent for the lease guarantee period, the receipt and management of deposit deposit money, the lessee's physical color and selection, the advertisement for lease, the management of the lease contract (form of the contract). On December 12, 2017, the Plaintiff issued to the Dispute Resolution Co., Ltd. the power of checking and visiting all matters related to the lease (hereinafter "the proxy of this case") and the certificate of personal seal impression.

A lease contract between E (representative D) and E (representative D) who is a representative of the defendant on January 2, 2019 is concluded between the defendant and the defendant on January 4, 2019 and January 3, 2021.

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