beta
(영문) 대구고등법원 2016.11.23 2016나23756

약정금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

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

(A) Article 2 (Scope of Contracts) of the Consulting Contract (No. 1) shall provide consulting services to the extent that it is possible to remove existing buildings on the land of this case as well as existing buildings on the ground so that they can be removed in order to transfer ownership of No. 47.079,6, 1221, the ownership of D, E, F, G, H, I, I, and J (the land price shall be borne by the defendant).

[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 execute funds with the appearance of the plaintiff and the defendant when they are liable to pay part of the balance while performing their duties.

(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) Costs of legal affairs, tax costs, lessee's relocation compensation costs, and legal costs of liquidation of shares in a site referred to in Article 2 during the contract period.