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(영문) 서울고등법원 2016.07.21 2015나2063709

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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company established on November 11, 201 for the purpose of the construction execution business and the sales agency business, etc., and the Defendant is the person who completed the registration of ownership transfer on November 23, 2009 with respect to C&782.8 square meters (hereinafter “instant land”).

B. 1) On the ground of the instant land between the Plaintiff and the Defendant, lodging facilities and neighborhood living facilities (hereinafter “instant building”) with the size of 2nd underground and 9nd ground floors on the instant land between the Plaintiff and the Defendant (hereinafter “instant building”).

(3) With respect to the implementation and sale of goods, a contract for the execution and sale of goods by proxy (as referred to in paragraph (3); hereinafter referred to as the "instant contract") with the following contents;

As of July 16, 2012, the purpose of this contract is to promote smooth promotion of projects and stability of the relevant business through professional planning and marketing activities by the Plaintiff’s agent. ① Upon entering into this contract, the Defendant shall, at the same time, provide the Plaintiff with the authority to implement and sell the subject-matter of the contract, documents and materials regarding the performance of the work, permission and implementation of the work. ② Article 3(1)(1)(1)(2)(2)(2)(2) of the building size of 782.8m2(2)(2)(2) of the building site area of 9,943.06m2(1,817.39m2) of the ground nine stories(1,817.39m2).

Provided, That if necessary for the performance of duties, the defendant and the plaintiff shall consult with each other.