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(영문) 수원지방법원안양지원 2016.04.07 2015가단102376

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic facts are part of the persons who have the right to enter into a private contract on the land to be supplied preferentially as measures for living of the residents among the quasi-residential areas in the F district in the Gu E in Ansan-si.

On February 8, 2010, the Plaintiff and the Defendants concluded a contract under which the Defendants entrusted the following business promotion or the sale of the business site to the Plaintiff (hereinafter “agency contract”).

The main contents of an agency contract shall be as follows:

Article 2 (Opening of Business)

1. Project name: A new project for G neighborhood living facilities;

2. Project site;

(a) Location of a building site: B1 block two parcels within the F intended area;

(b) Site area: 2,708 square meters;

3. A building plan;

(a) Total floor area: 12,745.77 square meters;

(b) Scale: Two underground floors and six above ground;

(c) Use: Article 3 of the neighborhood living facilities;

1. The rights and obligations of the Defendants

D. In order to achieve the purpose of this contract, the Defendants shall delegate to the Plaintiff all the affairs related to the partnership, such as association integrity, etc. related to this project until the completion of this project.

In such cases, the contractor, PF financial institution, design office, trust company, sales agency, business management service (PM), etc. concerning the project shall give priority to the plaintiff if similar conditions are attached to the designation of the contractor, PF financial institution, design office, trust company, sales agency, business management service (PPC)

E. The Defendants shall open a business account for smooth partnership operations, and each partner shall be required to bear 5 million won (the amount shall be reduced to 2 million won) at the partnership expense.

In such cases, the expenses incurred shall be paid immediately to the plaintiff when the partnership formation is completed after using the plaintiff's funds.

F. The expenses of the partnership shall be paid to the Plaintiff when the Defendants were selected by the Defendants or the persons selected by the Defendants to establish the SPC companies for the start-up of the project, PF financial institutions, design offices, trust offices, trust companies, sales agencies, and business management services (PM). The expenses of the partnership shall not be paid to the Plaintiff when the Plaintiff

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