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(영문) 서울고등법원 2017.06.07 2017나225

용역수수료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On November 10, 2014, the Defendant entered into a contract with the committee for promotion of the C Regional Housing Association (hereinafter “promotion committee”) and with respect to apartment construction projects, the project site of which is 4,553 square meters of KRW 44,553,00 for members of the Gyeongdong-gun E-gun, Gyeongbuk-gun, on behalf of the Defendant on behalf of the Defendant, for the affairs of the association, including recruitment of members

B. On November 2014, the Defendant requested the Plaintiffs to purchase the land on the remaining 41 lots except the state-owned and public land among the above project site (hereinafter “purchase objects”).

(Purchase objects include buildings on the ground, but are land and buildings on the main target of purchase, so the following land alone is indicated as objects of purchase. On November 10, 2014, the defendant deposited KRW 500 million in the defendant's account in the name of the defendant.

C. From November 12, 2014 to December 16, 2014, the Plaintiffs concluded a sales contract under the name of the landowner and the Defendant with respect to the remaining 36 parcels of land excluding five parcels of land listed in the attached Table among the purchased goods.

The area of the above 36 parcel of land was over 95% of the total purchase object area.

On December 15, 2014, the Defendant entered into a land purchase service agreement with Plaintiff B, and with Plaintiff A on December 16, 2014, respectively, as follows:

(hereinafter referred to as “instant service contract”). The instant service contract was concluded individually with the Plaintiff, the Defendant, the Plaintiff, and the Defendant as a party, but its content is identical, except Article 7 that sets service fees.

With respect to the purchase of land and buildings located in the Gyeongdong-gun T of the defendant and the Gyeongdong-gun, this Agreement is a contract for which the plaintiffs act as an agent according to the following conditions, and it is successful construction of multi-family housing.