분양대행수수료 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, on the grounds that the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for a dismissal or addition.
The following shall be added to the parts to be used or added: 14th lower of the 14th of the grounds of the first instance judgment.
(1) As alleged in the grounds of appeal by the Defendant, even if the F did not claim the return of the sales agency fee to the Defendant, or the insured did not change to the Plaintiff or transfer the subject matter of the insurance to the Plaintiff, such circumstance alone does not lead to the termination of the Plaintiff’s claim for the return of the sales agency fee against the Defendant who succeeded to the rights and obligations, or the final settlement of the refund of the sales agency fee between the Defendant and the Defendant was made. Meanwhile, Article 17 of the sales agency contract of this case provides that “In the event the trust contract of this case is terminated due to the cancellation or termination of the trust contract of this case, the sales agency contract of this case shall be automatically terminated and terminated, and the sales agency fee of the goods sold within the period shall be settled by consultation between F and the Defendant.” However, even under the above provision, the obligation relationship between F or the Defendant to settle the sales agency fee of the goods sold in lots between F or the Plaintiff and the Defendant shall continue to exist, and therefore, it cannot be said that there is no claim for the refund of the sales agency fee against the Defendant).
【Defendant’s assertion】 Article 8(3) of the instant parcelling-out agency contract (hereinafter “instant provision”) is a suspended condition that the sales contract concluded with the buyer is rescinded, regardless of the Defendant’s fault.