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(영문) 대전지방법원 2014.09.30 2014가단2539

수수료

Text

1. The Defendant’s KRW 4,814,451 as well as the Plaintiff’s KRW 5% per annum from November 28, 2013 to September 30, 2014.

Reasons

1. Basic facts

A. On September 1, 2005, the Defendant Cooperatives, C Co., Ltd. (hereinafter “Nonindicted Company”), and Korea Construction Co., Ltd. were selected by Nonparty Co., Ltd. as a contractor of the said urban development project while performing the project after being designated by the head of Seo-gu Daejeon Metropolitan Government as the project implementer of the said urban development project.

B. After that, the non-party company suffered difficulties in raising project costs, the non-party company and the defendant union agreed to sell the land allotted by the authorities in recompense for development outlay D within the urban development project district and use the land as project costs and proceed with the procedure of selling the land allotted for development outlay.

C. One of the buyers of land allotted by the authorities in recompense for development outlay came to know of the fact that the procedures for selling the land allotted by the authorities in recompense for development outlay were in progress while the work of the defendant association, and the parties intended to purchase the land were to enter into a sales contract with the non-party company and the defendant association. The purchase price of the land allotted by the authorities in recompense for development recompense for development recompense was determined based on the appraisal of the land

From November 2010 to December 2, 2010 of the same year, the buyer, including E, purchased land allotted by the authorities in recompense for development outlay, including B, from the Defendant Partnership, and drafted each sales contract with the purchaser of E, etc., the seller of the Defendant Partnership, and the non-party company with the observer as the non-party company. The above sales contract includes the Plaintiff as the broker, and the total amount of each purchase price of the above 11 is KRW 4.8 billion.4,451,950.

E. Each of the above sales contracts was drafted at a law office of F attorney-at-law located in Daejeon, and the person who participated in the preparation of the contract at the time of the preparation of the contract was the Plaintiff, a licensed real estate agent, as well as the buyer, who was acting as the president of the defendant association, the president of the HU, the director of the non-party company,

F. Each of the above sales contracts was a contract with the same type in which a fixed content is printed, and the Plaintiff is present at the time of the preparation of the sales contract and at the sales contract.