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(영문) 대구지방법원김천지원 2020.02.04 2019가단33759
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 a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).

B. On September 15, 2017, the Plaintiff entered into a business consignment agreement (hereinafter “instant consignment agreement”) with C, with the following purport: (a) the Plaintiff delegated all of the leased business affairs related to the instant building, including the collection and management of rental deposit deposits; (b) the lessee color and selection; and (c) the management of the lease agreement (forming the contract), and (d) the Plaintiff shall conduct the entrusted business under the Plaintiff’s name; and (e) the Plaintiff shall pay deposit amount of KRW 5,000,000 and KRW 650,000 per month to the Plaintiff.

C. On September 15, 2017, the Plaintiff issued a power of delegation to C on September 15, 2017, the Plaintiff: (a) confirmed the fact of the lease contract with respect to the instant building, such as lease-related duties; (b) payment of rent for the warranty period; (c) receipt and management of rental deposit money; (d) lessee’s physical color and selection; (e) publicity, lease management (form of a contract); and (c) signed a power of delegation to C to the effect that the Plaintiff

(hereinafter referred to as “the power of attorney of this case”). The letter of attorney of this case contains “The deposit and monthly deposit account,” and is accompanied by the Plaintiff’s certificate of personal seal impression.

On June 19, 2017, E, the representative director of C, completed the registration of an individual entrepreneur with the trade name "C" for the purpose of real estate rental management business.

C Co., Ltd. completed the registration of dissolution on February 21, 2018, and E, a representative director of the same day, was registered as a liquidator.

E. On September 27, 2018, the Defendant concluded a contract to lease the instant building by setting the deposit amount of KRW 40 million, monthly rent of KRW 50,00, and contract term as of September 27, 2019, between the Plaintiff’s agent E and the Plaintiff’s personal business entity E, who presented the instant proxy letter of delegation.

b.0.0 c.

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