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(영문) 서울중앙지방법원 2013.12.13 2012가합76893

분양대행수수료

Text

1. The Plaintiff:

A. Defendants and designated parties respectively are KRW 287,275,670 per each of them and from November 1, 2012 to December 13, 2013.

Reasons

1. Facts of recognition;

A. The Defendants and the designated parties (hereinafter “members”) form an I reconstruction association (hereinafter “instant association”) as equity right holders of the Seocho-gu Seoul Metropolitan Government H land and the I building on its ground, and construct and sell the I building on the above land, and the 2nd underground and the 14th ground surface (hereinafter “instant building”). The Plaintiff is a company that mainly engages in real estate sale and sales agency business.

B. On August 30, 2010, the Plaintiff entered into a sales agency contract with the instant association relating to the sales of the instant building (hereinafter “instant prior contract”) and the main contents thereof are as follows.

Article 4 (Period of Contract for Sale by Proxy) The term of this sale by proxy shall be one year from the date of approval for use of the building, the reconstruction project is completed from the date of seal of this contract.

Article 5 (Service Fees for Selling Units by Proxy and Payment Method)

1. A (the instant association) shall have 10% (excluding value-added tax) of the sales price for the sales agency service for the Plaintiff;

2. The payment period of the sales agency fees for B shall be the 10th day of the following month from the payment date of the sales agency fees for B.

Article 6 (Bearing of Expenses)

1. A’s burden;

(a) Subsidization of expenses for advertisement of various mass media;

2. Bearing expenses of Eul;

(a) Personnel expenses and management expenses for employees belonging to B and temporary employees employed by B;

(b) Holding a project explanation meeting for real estate brokerage establishments;

(c) All charges and postal charges;

(d) Entertainment expenses for visiting customers;

(e) Costs for purchasing network customers LIT;

(f) Expenses incurred in car-slopings, leaflets and promotional materials;

(g) Expenses incurred in manufacturing and installing placards for sales promotion;

(h) All other expenses related to parcelling-out, excluding the amount of money to be borne by Party A, such as office equipment, fixtures (tele telephone, facsimile, reproduction machine, book board, chair, etc.) and fixtures related to parcelling-out;

C. On March 23, 2012, the Plaintiff’s instant association, Defendant B, and Defendant C were executed in advance with the PF price in relation to the rebuilding project of the instant building.