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(영문) 대전지방법원 2021.02.18 2019나112142

수분양권확인 등

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The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. Facts of recognition;

A. The Defendants, while executing and executing the construction of a new building in Daejeon Seo-gu D, I, and E main building located in J (hereinafter “instant building”), concluded a sale and purchase contract with F and G, on December 10, 2014, selling the entire sales amount of the instant commercial building at KRW 11 billion with respect to the sale of neighboring residential facilities (commercial facilities) among the instant buildings. The Defendants concluded the sales contract with F and G, under which F and G, sell the entire sales amount of the said commercial building at KRW 11 billion. The substance of the said contract was the sales contract with the purport that F and G, performing the sales agency business of the instant commercial building, and receiving the sales amount exceeding 1 billion out of the total sales amount as the sales commission.

B. The Defendants, F, and G agreed to replace the contractor as a corporation designated by F and G at the time of entering into the said sales contract and sales agency contract. Accordingly, the Defendants concluded a sales agency contract with the representative director and K director of G and the limited company H (hereinafter “non-party company”) with the company H (hereinafter “non-party company”).

(c)

On June 29, 2015, the Plaintiff concluded a sales contract with the Defendants on June 29, 2015, under which the sales price was KRW 776,340,000 (including KRW 62,340,000) (hereinafter “instant sales contract”). The specific payment schedule and payment method are as follows. The payment schedule and payment method of the sales price are as follows. The Plaintiff determined that the payment of the intermediate payment was made by means of a loan from the L Union which entered into an agreement with the Defendants on the part of the sales of the instant building (hereinafter “instant commercial building”).

MNB

D. Meanwhile, at the time of entering into the instant sales contract with the Defendants, the Plaintiff entered into the sales contract with Nonparty Company, F, and G with respect to the instant commercial building (hereinafter “A” refers to the Plaintiff), separate sales contract (hereinafter “instant separate contract”) with the following content (hereinafter “A” refers to the Plaintiff”).