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(영문) 대전지방법원홍성지원 2015.03.31 2014가단8851

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant, on July 7, 2010, omitted a “stock company” from the name of the company B (hereinafter “stock company”).

2) The sales agency contract between Da, Hong-gun, Hong-gun, Hong-gun, Hong-gun, for the 250 unit units of the D-ground E apartment (hereinafter referred to as “instant 1 contract”).

(2) Upon entering into a special agreement, “The security deposit for the right to sell an apartment unit shall be KRW 100,000,000, and the said security deposit shall be paid at the time of the contract, and the time of return of the security deposit shall be returned at the time of loan of the financial right.” The Defendant received KRW 100,00,000 from B and C as the security deposit for the sale of the apartment unit pursuant to the said sales agency contract, and around October 30, 2012, at the time of the completion of the apartment unit, the loan was made to the Defendant at a financial institution on May 27, 2013, and the Defendant received KRW 10,00,000 from F and C as the security deposit for the sale of the apartment unit (hereinafter “instant second contract”).

The provisions pertaining to this case in the second contract of this case are as follows.

Article 5 (Period of Sale by Proxy and Number of Mandatory Units) The period of sale by unit shall be August 31, 2013. During this period, the total number of units by unit shall be at least 20 households up to July 15, 2013, which is within the period of sale by unit to 125 households among total 250 households, and the total number of units by 125 households, which is the remainder of 105 households by August 31, 2013.

Article 12 (Termination of Contracts) Where Article 12 (F and C) falls under any subparagraph, the “A” (Defendant) may terminate the contract.

F. In the event that “B” fails to sell at least 20 households until July 15, 2013, which are the term of the contract, and at least 125 households, which are at least 50% of the responsible allotment rate, until August 31, 2013, the period of the contract, F, C, and C, were unable to sell the said apartment within the period of the sale agency, and the Defendant failed to perform the said provisions to F and C on July 19, 2013, and on August 12, 2013, the Defendant declared that the instant contract will be terminated on August 31, 2013.

B. The Plaintiff becomes final and conclusive with an assignment order C.