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(영문) 청주지방법원 2020.04.03 2019가단31207
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 20,000,000 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from October 7, 2019 to April 3, 2020.

Reasons

1. Basic facts

A. On September 5, 2016, the Plaintiff entered into a business consignment agreement (hereinafter referred to as the instant business consignment agreement) with E (hereinafter referred to as “Non-Party Company”) with respect to each real estate listed in the separate sheet Nos. 1 through 3 (hereinafter referred to as “the instant building”), one’s own ownership, and individually, the Plaintiff entered into a business consignment agreement with E (hereinafter referred to as “the instant business consignment agreement”). The 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 the Plaintiff the deposit amount of KRW 450,000 per month for each building of this case with the guarantee fee for the commission fee to the Plaintiff.

(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 March 13, 2018, the Plaintiff issued a certificate of personal seal impression to the non-party company that stated that “the delegating person himself/herself confirms the lease contract of the instant building, including rental-related business, payment of rent for the lease guarantee period, receipt and management of deposit money, lease deposit money and management, lessee color and selection, publicity, lease and management, and delegation of authority related to all of the lease-related matters, household inspection and visit to E” (hereinafter the delegation of this case).

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