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(영문) 대구지방법원 2016.06.24 2015가합206823

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2009, the Plaintiff entered into a real estate consulting agreement with the Defendant with regard to the building A (A) Dong and B (B) Dong, an aggregate building on the land in Daegu-gu, Daegu-gu (hereinafter “instant land”) and the building B (B) Dong (hereinafter “instant building”).

Article 2 (Scope of Contracts) The Plaintiff shall provide consulting services to the extent that it is possible to remove existing buildings on the instant land as well as existing buildings on the instant land in order to transfer ownership of 47/6, 1221, the ownership of D, E, F, G, H, I, I, and J (land costs shall be borne by the Defendant) for a claim for sale to transfer ownership of 47/6, 1221.6.

[A building owner and tenant on the above land (Provided, That the hospital and the health care deposit shall be borne by the defendant.

) Withdrawal, etc. of store keepers. This contract takes effect simultaneously with the deposit of down payment, and the contract period shall take effect from May 18, 2009 to the completion date of the removal of the building.

Provided, That it shall not exceed 12 months.

Article 4 (Price and Method of Payment) (1) Total amount of consulting shall be KRW 1.1 billion.

(excluding value-added tax). (2) down payment KRW 100 million shall be paid to the Plaintiff simultaneously with the conclusion of the contract

(3) The plaintiff and the defendant shall pay part of the balance in the course of performing their duties with the payment of the balance.

(e) For example, all kinds of legal expenses, directors' expenses for tenants, etc.). In addition, at the Plaintiff's request, the Defendant may partially repay the remainder.

(4) Unless any defect is found in law, consulting fees shall be executed in the name of the defendant under mutual agreement.

The remainder shall be paid immediately after the reorganization of the building management ledger and the copy of the building register after the completion of the removal of the building on this land.

Article 5 (Bearing of Expenses) (2) Legal expenses, tax expenses, expenses for the lessee's relocation compensation, and legal costs for the disposal of shares in a site referred to in Article 2 (excluding land costs) arising during the contract period shall be included in consulting.

Article 6 (Termination of Contracts) (1) The plaintiff shall without justifiable grounds.