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(영문) 대전지방법원천안지원 2020.02.05 2019가단112126
건물명도(인도)
Text

1. From 80,000,000 to 16, 2019, the Defendant shall deliver the real estate listed in the separate sheet from March 16, 2019 to the date of completion.

Reasons

1. Basic facts

A. On August 24, 2018, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C on August 24, 2018, and entered into a business consignment agreement (hereinafter “instant business consignment agreement”) with E with the business operator having completed business registration for real estate lease management business under the name of “D” on August 28, 2018, wherein the Plaintiff delegates to E all the business related to the lease of the instant real estate, such as physical lease, selection, public relations and lease management (preparation of a contract), deposit deposit, and payment of rent, etc., of the instant real estate. E shall conduct entrusted business under the Plaintiff’s name, and E shall pay to the Plaintiff KRW 10,000,000 per month as rental profit security for the entrustment (hereinafter “instant business consignment agreement”).

The Plaintiff completed the registration of ownership transfer on September 20, 2018 with respect to the instant real estate.

B. On September 1, 2018, the Defendant concluded a lease agreement with the Plaintiff to lease the instant real estate from the Plaintiff with the term “D” (hereinafter “instant lease agreement”) from September 1, 2018, setting the lease deposit amount of KRW 80,000, monthly rent of KRW 100,000, and the term of lease from September 16, 2018 to September 15, 2019 (hereinafter “instant lease agreement”).

Paragraph 13 of Article 13 of the Special Agreement on the Lease of this case provides that “The liability for the return of deposit shall be borne by D.”

C. On September 1, 2018, the Defendant remitted KRW 80,000,000 in total of KRW 76,000,000 on September 6, 2018, and KRW 80,000,000 on deposit account to the account entered in the instant lease agreement as deposit account, and was handed over the instant real estate.

On May 30, 2019 and June 24, 2019, the Defendant notified the Plaintiff that he/she did not wish to renew the instant lease agreement.

【No. 1 and No. 2, the Plaintiff asserted to the effect that the Plaintiff’s seal affixed with the Plaintiff’s seal No. 2 is not based on the Plaintiff’s seal, and that the Plaintiff’s seal affixed with the Plaintiff’s seal No. 2 is a forged document, but that it is based on the following 3.

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