beta
(영문) 서울북부지방법원 2015.10.16 2014가단45581

분양수수료등

Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly and severally with the Plaintiff as from November 26, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On March 2014, the Plaintiff entered into a sales agency contract with the Defendants on behalf of the Defendants for the 12 households, and F (hereinafter “F”) with respect to D Urban Residential Housing E (E) in Gangnam-gu Seoul Metropolitan Government (hereinafter “E”). In return, the Plaintiff entered into the sales agency contract with the Defendants for the sales agency and for the payment of the sales agency fees from the Defendants (hereinafter “instant sales agency contract”).

B. At the time of the instant sales agency contract, the Plaintiff agreed to receive the sales agency fee of KRW 4 million per household sold in lots with the Defendants at the time of the instant sales agency contract, but agreed to receive the sales agency fee of KRW 3 million per household sold in lots on the condition that the Defendants bear advertising expenses thereafter.

C. From March 2014 to July 2014, the Plaintiff sold ten households with the exception of subparagraph 201 and subparagraph 403 among E, with the exception of subparagraph 201 and subparagraph 403 among the remaining ten households and F, and paid KRW 3,243,00 at the advertising cost from March 2014 to May 2014.

The defendants from May 2014 to the plaintiff in the same year.

7.1. By January, 700, a total of KRW 35 million was paid as a sales agency fee.

[Basis] Facts without dispute, Gap 1 to 5 evidence, Eul 1 evidence (including paper numbers), witness G, and H's partial testimony, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the plaintiff did not dispute the defendants of the sales contract of this case as the party to the sales contract of this case. The defendant Eul filed a counterclaim and only the defendant Eul is the party to the sales contract of this case.

However, in full view of the respective descriptions and the purport of the entire arguments by Gap evidence Nos. 1 through 3 (including paper numbers), F is registered in the name of the defendant C, and since defendant C may recognize the fact that the power of attorney as to the sale of the F was prepared and made to the plaintiff, the defendant C shall also be deemed the party to the sales agency contract of this case.