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(영문) 청주지방법원 2020.04.03 2019가단31023
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. On August 12, 2016, the Plaintiff entered into a sales consignment agreement (hereinafter “sales consignment agreement of this case”) with D Co., Ltd. (hereinafter “Non-Party Company”) on the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “the instant building, collectively, and individually the instant building Nos. 1 and 2), one’s own ownership, and its main contents are as follows.

(1) The Plaintiff is entrusted to the Nonparty Company with the business of the instant building.

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 public relations of lease, tenant color and selection, deposit money and management, issuance of lease contract, etc. through the non-party company.

x) The non-party company shall pay to the Plaintiff the deposit amount of KRW 500,000 per month for each building with the guarantee money for the commission fee.

(v)a non-party company may be free from the amount of the above guarantee when entering into a contract with the lessee.

B. On August 12, 2016, the Plaintiff: (a) attached a certificate of personal seal impression issued by the Nonparty Company to the Nonparty Company, the Plaintiff confirmed the fact of the lease agreement with the Nonparty Company, such as lease-related business, payment of rent during the lease guarantee period, receipt and management of deposit money, lease deposit money, lessee’s physical color and selection, public relations, lease management, and (b) lease management; and (c) delegated the authority related to all of the lease-related matters, household inspection, and visit to the Nonparty Company (hereinafter “the instant delegation”).

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