착수금반환
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. In case of the client for the service contract by proxy for the owner of real estate within the site for an urban development project in accordance with the basic facts C: The defendant;
1. Object of service: Private owners (excluding cemeteries) in the C Urban Development Project Site; and
2. Period of service: 90 days from December 14, 2017 (it may be extended by 30 days).
3. Amount of service: 50 million won.
4. A letter of consent of 50% of the total and private land area of KRW 20 million or the total and private land area of KRW 20 million or the total and private land area of KRW 10 million at the time of requisition for a letter of consent of 75% of the total and private land area of KRW 20 million;
6. If the progress of the project is not possible on the responsibility of the service requester, and if the period of suspension exceeds two months, it shall be regarded as a waiver even during which the period has elapsed, and the amount of the retainers and the service charges paid without notice shall
7. The service provider shall have one person, in addition to the principal;
A. On December 14, 2017, the Plaintiff entered into a service agreement with the Defendant on the draft of the written consent for the promotion of the urban development project in Tong Young-si (hereinafter “instant service agreement”) and paid KRW 20 million to the Defendant in advance.
The main contents of the above service contract are as follows:
B. On December 14, 2017, the Defendant provided D and written consent in accordance with the instant service contract, and paid D KRW 10 million to D.
C. Around March 5, 2018, the Plaintiff sent to the Defendant a peremptory notice stating that “The contract shall be terminated on the same ground that it is difficult to accept only 10 cases of a written consent, even if the written consent remains nine days.”
The total area of private land in the C-Urban Development Project site subject to the consent letter under the instant service contract is about 60,000 square meters.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant asserted that the Plaintiff did not demand a written consent amounting to 75% of the total private land area as promised at the time of the contract until now.
Until April 14, 2018, 35 cases of written consent by the Defendant from the date of concluding the contract.