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(영문) 수원지방법원 2020.07.09 2019가단536401
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 17, 2017, the Plaintiff, the owner of the instant real estate, entered into a business consignment agreement with Nonparty C Co., Ltd. (corporate business operator, business registration number D, representative director E, and so on (hereinafter “Nonindicted Company”) on the said real estate, and the main contents thereof are as follows.

(hereinafter “instant consignment contract”; “A” refers to a non-party company; “B” refers to the Plaintiff). Article 1 / [Purpose]

1. Eul shall entrust Gap with the business of this case's real estate as Gap (hereinafter "the entrusted business").

2. The term "entrusted business" means all of the affairs related to lease for goods sold in lots, the payment of rents for rental guarantee period, the receipt and management of rental deposit money, lessee's color and selection, publicity of lease, management of lease contracts, and other affairs related to lease for such purposes;

§ 2. [Name] This entrusted business shall be exercised in the name of B.

Article 4 【Consultation Matters】

2.As to the profit structure of Gap of this business consignment, Eul will adopt the operating method of Gap of this business consignment.

Article 5 [The internal funeral facilities and rights] The ownership of internal funeral facilities and equipment necessary for A to exercise this entrusted business and the rights related to his/her right to use them shall, in principle, be in principle, and during the entrusted management period, A shall exercise its rights.

Article 6 (Management Expenses, etc.)

1. Expenses required by A to exercise this entrusted business shall be the expenses of A;

2.A shall pay the brokerage commission during the term of the contract.

Article 8 [Restoration of Original State] Where the validity of this Agreement ceases to exist, A shall restore all the facilities to the original state, and collect the installed materials installed by A at the time of B to its original condition, and even if A collects them at the expense of B unless it is collected by A, A shall not raise any objection.

The collection expenses shall be claimed against A.

Article 9. Commission fees.

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