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(영문) 인천지방법원부천지원 2014.05.20 2012가합10002

계약금반환

Text

1. The Defendant’s KRW 35,00,000, and its annual rate from December 2, 201 to May 20, 2014, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant is an apartment-type factory with the “E” on the ground of Kimpo-si C and D, Kimpo-si (hereinafter “instant factory building”).

(B) A newly constructed the instant factory building and delegated the sales business to F Representative G to sell the instant factory building (However, the sales agency contract was prepared between the Defendant’s representative director I and G with H as the representative director.

(2) Of the above sales agency contract, G requested the J to carry out the above sales agency contract, the contents of this case are as follows.

Section 1 (Purpose of Sale by Proxy) The purpose of this Agreement is to ensure that “A” (I) completes the sale of the subject matter of Article 2 above at the request of “B” and “B” (G) in an early stage by making its best effort.

Article 2 (Indication of Objects) The scope of sales agency affairs delegated by Article 3 (Scope of Sales Agency Affairs) 1 "A" to "B" for the apartment-type factory and neighborhood living facilities (support facilities) in Gyeonggi-do Kimpo-si, Kimpo-si, Gyeonggi-do shall be as follows:

(1) Sale of buildings in units.

(a) Formulation and implementation of plans for parcelling-out;

(b) Publicity and marketing activities;

(c) Affairs concerning consultation for parcelling-out.

(a) Mediation of policy funds (Seoul City subsidies, etc.) for the balance of a seller for sale in lots and support for loans;

(b)the scope of "B" specified in this sales agency contract under Article 13 (Scope of B under the sales agency contract) of the cooperation in the financing business of the ordinary financing agency includes all officers and employees employed by "B" for the execution of the contract and all sales agency contractors.

B. (1) On December 2, 2011, the Plaintiff signed a sales contract, etc.) through K and L, etc., a staff member of the J and J on behalf of the Defendant, the Plaintiff, from the Defendant, the real estate in the attached Form among the instant factory buildings (hereinafter “object of sale”).

At the time of the sales contract, only the number of houses has been changed without changing the subject matter, although it was indicated as 5 103 and 104.

the sale price is 470,520,000 won.