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(영문) 광주고등법원(전주) 2015.05.14 2014나3585

용역비

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 29, 2008, Jeonju-si completed registration of preservation of ownership due to an urban development project with respect to the Masan-gu Seoul Metropolitan City, 912.7m2, D, 1381m2, E, 1387m2, and 1387m2 (hereinafter referred to as “instant land” by adding each of the above land).

B. On the ground of the instant land, F Co., Ltd. (hereinafter “F”) concluded a sales contract on August 20, 2009 with Jeonju and the instant land to undertake a development project that newly constructs approximately 480 main apartment units on the instant land (hereinafter “instant development project”). The instant development project led to the suspension of F’s payment due to the shortage of funds to Jeonju.

C. During the establishment on March 23, 201, Defendant B (tentatively named) Regional Housing Association (hereinafter “Defendant”) was established and succeeded to the rights and obligations of Defendant B, as seen earlier, and the Defendant entered into an implementation agency contract with I to delegate the decision on the purchase of land, the promotion of sale, various authorizations and permissions, the selection of business entities, and all matters necessary for the establishment of the Defendant, for the effective implementation of the instant development project.

Plaintiff

On March 23, 2011, G (hereinafter referred to as “Plaintiff, etc.”) entered into a real estate services contract with the Defendant for the instant land (hereinafter referred to as “instant services contract”) with the following contents, and F, a land contractor, and I (hereinafter referred to as “I”) as an agent of the Defendant, signed the instant services contract.

[Written Contract for Real Estate Services] Article 2 (Object of Services and Contents of Services) The defendant shall request the plaintiff, etc. to provide the following services, and accept it.

The service object: Conclusion of a contract for sale and acquisition of business rights in the name of the defendant on the land of this case.