분양대행수수료 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a company that entered into a real estate mortgage agreement on A building owned by it with a non-party AM Development Co., Ltd. (hereinafter referred to as “non-party A”), and the Plaintiff entered into a contract on the sales agency for the building with the non-party company on January 1, 2013 (hereinafter referred to as “instant sales agency contract”).
B. In the event that a sales contract is concluded based on the Plaintiff’s vicarious sale, the sales contract of this case provides that the non-party company shall pay to the Plaintiff an amount equivalent to 5.5% of the supply price as sales commission (excluding value-added tax) within seven days from the completion date of the transfer of ownership of the pertinent
C. On January 12, 2015, the Defendant entered into a contract with B to sell KRW 2,402,9,200 among the above buildings (hereinafter “instant building parts”) at KRW 801,802,803,804,805, and 806.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 through 8 (including various numbers if there is a number; hereinafter the same shall apply), the witness C's testimony, and the purport of the whole pleadings
2. Summary of realization of the real estate trusted from the first beneficiary of the building alleged by the plaintiff
On May 6, 2013, the Defendant started to make a public announcement of the sale of trusted real estate, etc., and the Defendant agreed that the Plaintiff will pay the sales commission under the sales agency contract of this case in case the sales contract is concluded according to the Plaintiff’s arrangement as part of the realization procedure.
When the sales contract was concluded with respect to 103 and 206 among the above buildings according to the plaintiff's arrangement, the defendant paid the sales agency fees to the plaintiff on January and April 2014.
The defendant is obligated to pay the plaintiff the sales agency fee under the sales agency contract of this case directly to the plaintiff, or to pay the sales agency fee of the non-party company instead of the sales agency fee under the security trust contract.