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(영문) 광주지방법원 2019.08.30 2018가단532814

분양수수료 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the executor of the construction of the instant building (hereinafter “instant construction”) on the ground (including 96 households and 8 units of the instant building”) outside C and 2 lots of land (hereinafter “instant building”).

B. Around December 1, 2017, the Defendant entered into a sales agency service contract with the Plaintiff for 94 households and eight commercial houses of non-contractual portion among the instant buildings (hereinafter “instant contract”).

The main contents are as follows:

Article 1 (Delegation and Agency of Sale of Units)

2. The defendant shall delegate public relations and sale to the plaintiff, and the plaintiff shall carry out sale on behalf of the defendant according to the terms and conditions specified in each provision.

Article 4 (Term of Contract)

1. The contract term of this case is within six months after the completion of the contract.

2. The contract period shall be six months unit, and the period may be extended through mutual consultation;

At this time, the defendant can evaluate the performance of the plaintiff's sale and notify the plaintiff of the termination of the contract, and the plaintiff cannot raise any civil or criminal objection against this.

Article 5 (Objectives Sale Rate and Terms and Conditions of Payment of Sales Fees)

1. The Defendant shall pay to the Plaintiff the sales agency fees of KRW 9 million per household for officetels and 7% of the sales price per unit room for commercial buildings.

2.(1) An officetel shall pay 100% of the total sales amount when 10% of the down payment is deposited.(2) The commercial building shall pay 50% of the total sales amount when 10% of the down payment is deposited, and 50% of the intermediate payment when 10% of the down payment is deposited.

5. The payment of a sales agency fee shall be made once a month on the 20th of each month within five days after settling accounts.

C. The Plaintiff paid KRW 150 million to the Defendant with the security deposit related to the instant contract, and the Defendant paid KRW 100 million to the Plaintiff regarding the 10 households of officetels among the instant buildings in order to secure the security deposit.