beta
(영문) 인천지방법원 2017.06.02 2016가합60200

분양대행수수료등

Text

1. The Defendant’s KRW 177,651,760 for the Plaintiff and 5% per annum from November 3, 2016 to June 2, 2017, and the following.

Reasons

1. Basic facts

A. On September 16, 2015, the Plaintiff entered into a sales agency contract between the Plaintiff and the Defendant, on behalf of the Defendant, and on behalf of the Defendant who is an executor, the Plaintiff, on behalf of the Defendant, an urban community housing (hereinafter “instant housing”) located in Gangseo-gu, 77-1 and 12 lots of land.

2) The sales agency contract under which the sales agency agreement shall be made to the sales agency for 266 households (hereinafter “instant contract”).

Around that time, 120,000,000 won was paid as contract deposit. Article 3 of the contract (Scope of business) is the scope of business of the defendant.

(a) Opening an account for the management of proceeds from sale and receipt and management of proceeds from sale;

(b)management and enforcement of project funds, such as loans and sales revenues related to “the Project”;

(2) The scope of the business of vicarious sale of lots to be performed by the Plaintiff is as follows:

Article 4 (Good Faith and Sincerity) (5) The defendant shall not grant the right to sell to a third party other than the plaintiff, except where the defendant has paid the substitute to the subcontractor related to the construction.

Article 5 (Business Performance Period and Commencement of Sale) (1) The contract period of sale as an agency shall be from the opening of model houses and the commencement of sale according to the sale in lots, but the period may be extended after consultation between the defendant and the plaintiff.

(2) Where 100% of the objects of sale has been completed even before the expiration of the period for vicarious sale of buildings in units, this contract shall be automatically terminated.

Article 6 (Fees for Sales by Proxy) (1) The fees for sales by proxy (hereinafter referred to as "fees") shall be determined as follows:

(including value-added tax) 10,500 won per household of non-high urban residential housing (including value-added tax): 70% intermediate payment at the time of the contract and 30% payment at the time of the completion of the agreement. (2) Fees to be paid by the Plaintiff from the Defendant shall be 70% at the time of the contract for the sale of urban residential housing for which the fixed contract for sale has been issued;