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(영문) 청주지방법원 2020.04.03 2019가단30464
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. A. Around 2016, the Plaintiff entered into a business consignment agreement (hereinafter “instant business consignment agreement”) with C Co., Ltd. (hereinafter, Nonparty Co., Ltd.) with respect to the real estate listed in the separate sheet (hereinafter, the instant building) as its own owner. 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 to the Plaintiff the deposit amount of KRW 500,000 per month 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 June 19, 2017, D, the representative director of the non-party company, registered his/her business as C, and received a letter of delegation from the Plaintiff on December 19, 2018, and issued a certificate of the Plaintiff himself/herself to issue a certificate of the name of the Plaintiff, upon confirmation of the fact of the lease regarding the building in this case, such as lease-related affairs, payment of rent during the lease guarantee period, payment of lease deposit, deposit money and management, lessee color and selection, publicity, lease management (form of contract preparation).

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