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(영문) 서울남부지방법원 2016.05.12 2015가합107589

분양 및 임대 수수료 청구의 소

Text

1. The Defendant’s KRW 486,525,708, and its annual amount from July 24, 2015 to May 12, 2016, and the Plaintiff’s annual amount of KRW 6%.

Reasons

Facts of recognition

Around January 2013, the Plaintiff entered into a service contract between the Plaintiff and the Defendant with a representative director C and a consulting service contract (hereinafter “instant contract”) with the content that the Plaintiff will act on behalf of the Plaintiff in the real estate development project of the Defendant (Co., Ltd. E) who intends to purchase the land and the ground buildings in the Gangseo-gu Seoul Metropolitan Government D D D branch, and build a new building therein. On April 20, 2013, the Plaintiff entered into a consulting service contract with the Defendant by adding “sale and lease contract” to the scope of the work the Plaintiff should perform, and revising the terms and conditions of the payment of service costs (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1. The purpose of the contract is to provide consulting services on the purchase and sale of land so that the defendant can carry out real estate development projects at the request of the defendant.

Article 3 The scope of the Plaintiff’s performance of duties under Article 4 from the commencement to November 30, 2014 after the commencement of the contract period on October 2013 shall be as follows:

1.Land contracts;

2. Housing name map;

3. Smooth securing a fixed period of down payment, intermediate payment and balance;

4. Arrangement of registration documents;

5. Terms and conditions of the payment of service costs under Article 5 of the parcelling-out and rental contract;

2. The rate of sale in lots and rental (service commission) - the rate of sale in lots and rental (service commission) - 6 per cent, 2 per cent of the above sales commission 6 per cent shall be paid at the time of the completion of the total sale. 2) If the sale in lots and the lease are entered into at the same time, only 6 per cent of the sales commission shall not be paid

3) Only 2% of the rent shall be paid upon lease contract. The Defendant’s performance of the Plaintiff’s duties is the F building with the size of 4 underground and 8 above ground level on the land indicated in the above paragraph (a) (hereinafter “instant building”).

On March 20, 2015, after new construction, approval for use was obtained from the head of Gangseo-gu. The sale price of housing units on the date of sale on the purchase of housing units (the purchase price of housing units) (the sale price of housing units on February 2, 2015 G G 101 G 820 million on February 2, 2015, 102 H 102 H 20 million on June 2015.