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(영문) 수원지방법원 2020.07.01 2019가합20637

분양대행수수료 반환

Text

The defendant's KRW 459,800,000 for the plaintiff and 5% per annum from July 16, 2019 to July 1, 2020 for the plaintiff.

Reasons

1. The Plaintiff (formerly: C) is a company aimed at housing construction and sales business, etc., and the Defendant is a real estate sales agent business.

The Plaintiff is the executor of the business (hereinafter “instant business”) of constructing and selling a building consisting of officetels (180 rooms) and neighborhood living facilities (hereinafter “E”) on the ground of the area of 1,406 square meters in Osan-si D-si (hereinafter “instant land”), and the Plaintiff is the sales agency contract between the Defendant and the Defendant on July 14, 2017 for the instant officetel (hereinafter “instant officetel”).

)을 하였다. 위 분양대행계약의 주요 내용은 아래와 같다. 제6조[목표분양률 *D-Day 기준일 : 2017년 9월 8일 구분 D 30 D 60 D 90 D 150 비고 전체 분양률 60% 20% 10% 5% 계약금 완납 기준 누계 60% 80% 90% 95%

2. The D-ray base date shall be September 8, 2017, and may be changed through consultation with the Plaintiff and the Defendant.

Article 8 (Fees and Payment for Sale of Goods by Proxy)

1. Sales agency fees for officetels shall be as follows:

A, B6,00,000,000 4,000,000 down payment and the intermediate payment are included in C, D7,200,000,000 first value added tax when the intermediate payment is paid in full at the time of the full payment of non-fixed down payment (excluding value added tax), D7,200,000,800,000

2. When the Defendant completes the sale of 152 rooms (including C and D 9 rooms) within 3 months (90 days) from the base date of D-ray under Article 6(2), the Plaintiff shall pay 150,000,000 won to the Defendant (excluding value added tax).

Article 12 (Time of Occurrence of Harmful Person)

1. After the contract for sale in lots was concluded, for reasons not attributable to the plaintiff, such as the change of the contractor or the defendant's fault, the defendant must return the fees already paid by the plaintiff to the plaintiff in full.

Article 16 [Other]

1. The business agreement and this contract are to be entered into between the Plaintiff and the Plaintiff as a party to the finance, construction, and trust.