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(영문) 서울중앙지방법원 2020.09.14 2019가단5200181
건물명도(인도)
Text

1.(a)

Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) from KRW 32,00,000 to KRW 32,00,000, the attached sheet from June 1, 2019

1. The list;

Reasons

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

1. Facts of recognition;

A. 1) The Plaintiff, the owner of each of the instant buildings, is the Plaintiff Company D (hereinafter “D”) on June 12, 2015.

3) The sales consignment agreement that delegates the business of leasing each building of this case to the Plaintiff (hereinafter referred to as the “instant consignment agreement”).

A) According to the contract, D was delegated with the authority related to the lease contract of each of the instant buildings by the Plaintiff, and D leased each of the instant buildings under the Plaintiff’s name, and paid the Plaintiff the proceeds of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000. According to the instant entrustment contract, D may terminate the said entrustment contract without any justifiable reason (Article 12 subparag. 4) (Article 12 subparag. 2) at the time of the conclusion of the instant entrustment contract (Article 12 subparag. 2), the Plaintiff verified D as to the lease contract of each of the instant buildings, such as lease business, payment of rent for the guarantee period, deposit deposit and management, tenant color and management, tenant’s selection, publicity, management, etc., and issued a copy of the delegation certificate, certificate of personal seal impression, and identification card issued to D.

3) Meanwhile, the former representative of D was registered as D with the trade name, and around 2018, the Plaintiff also prepared and delivered to E a power of delegation with the same terms and conditions as the power of delegation prepared at the time of the instant consignment contract. (b) Defendant B entered into a lease agreement with the Plaintiff on September 28, 2016, setting the lease deposit amount of KRW 32 million, KRW 280,000 per month of rent (payment on September 1, 201), and the lease term of KRW 280,000 from October 1, 2016 to September 30, 2017 (hereinafter “instant lease agreement”). D is the lease agreement.

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