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(영문) 수원지방법원 2020.08.26 2019가합15826

분양대금반환

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The plaintiff's primary and conjunctive claims against the defendant B, and all claims against the defendant C.

Reasons

1. The Defendant B Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant B”) is the executor of F (hereinafter “instant building”) that is newly built and sold on the E-art ground in e-mail in e-mail, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is an outsourced agent related to the new construction and sale of the instant building.

around April 2017, Defendant B entered into a sales agency contract (hereinafter “instant sales agency contract”) with G Co., Ltd. (the trade name was changed to H on February 19, 2018; hereinafter “sale agency”) on the sales of the instant building and the sales agency contract on the sales of the instant building, and the said sales agency contract is defined as follows:

Article 2 (Scope of Services) (1) “A” (referring to “B of a stock company; hereinafter the same shall apply) shall, upon entering into this contract, grant to “B” (referring to “G; hereinafter the same shall apply) the authority to sell in lots.

(3) The scope of duties of sales agency services to be performed by "B" shall be as follows:

Article 11 (Conclusion of Sales Contracts and Deposit Management) (1) of the Act on the Cooperation in Sale of Business Body and Early Sales Organization for the Preparation of Plan for Public Relations Advertisement for Sale, the detailed plan for the utilization of advertising materials and the results of their activities, the establishment, operation, maintenance and subscription of public relations centers, the management of buyers for sale in lots (including civil petitions) and the management of buyers for sales in order to encourage the conclusion of this contract, the intermediate payment of buyers for sales in lots, and the establishment of a plan to encourage the payment of sales proceeds, etc., shall conduct surveys related to sales in lots and lease, such as market research for the promotion of sales in lots, the review of business feasibility and the establishment of strategies for efficient sales in lots, affairs related to reporting of real estate transactions under the Act on Real Estate Transactions, and affairs related to reporting of real estate transactions under the above subparagraphs, and affairs related to sales in lots, such as incidental affairs related to the above subparagraphs.