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(영문) 서울고등법원 2016.12.07 2015누63328

시정명령등취소

Text

1. The Defendant’s corrective order in the attached Form No. 2015-341, Sept. 24, 2015, issued to the Plaintiff as the Third Sub-Council Resolution No. 2015-341.

Reasons

1. Facts recognized;

A. The Plaintiff is a business entity engaged in sales agency business, real estate consulting and development business, etc.

The previous trade name was “Sulll 80,” but the trade name was changed on February 2014.

B. The current status, etc. of the shopping mall in this case, the name of the commercial building in this case and the name of the commercial building in this case and the name of the commercial in this case and the name of the commercial in this case and the name of the commercial in this case and the number of 120 to 7.3 million won (excluding value-added tax) shall begin on December 22, 2011 and the completion date of construction on March 20, 201 by the Plaintiff on November 10, 201 and on March 22, 2011.

(2) After concluding a contract, 89 commercial buildings were sold in lots until May 20, 2012, after the construction of the instant commercial building, 2012. The current general situation of the instant commercial building is as follows. (2) According to the PMF contract, the Plaintiff, as a project execution agent, performed all of the tasks, such as the selection and conclusion of a construction project, execution of a contract, grant of a loan, approval of a project, etc., sale-related tasks, advertising-related tasks, construction design, supervision, etc., and then, was to receive the

A landowner concluded a sales contract with a buyer and received a sales price, and paid the price to the Plaintiff.

The sale price of the commercial building of this case is KRW 37,458,780,00, and the cost of PM received by the Plaintiff is KRW 17,335,50,000.

When entering into a sales contract with landowners, the buyers entered into a contract to lease the commercial buildings they bought in lots to the Plaintiff for 36 months.

C. From October 18, 201 to April 6, 2015, the Plaintiff’s act 1, as follows, runs the sales advertisement of the instant commercial building by means of brochures, Internet tables, and newspapers, and the store activation within a short period by operating it by directly managing the 120 brand shop occupants.