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(영문) 서울고등법원 2016.07.28 2015나2059656
대여금
Text

1. All of the lawsuits of this case filed by the plaintiff that was changed in exchange at the trial of the party shall be dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff entered into a sales agency contract between the Plaintiff and Daejeon Urban Corporation on March 15, 2013 with the Daejeon Urban Corporation, and entered into a sales agency contract between the Plaintiff and the Daejeon Urban Corporation on behalf of the sales agency for the land in the Daejeon Dong-gu D and E-N logistics clusters, and receive 4.4% of the sales amount by parcel from Daejeon Urban Corporation (including value-added tax). The said land has been sold in lots since that time.

B. Article 2 (Scope of Sales Agency) of the conclusion of the instant contract is to sell the instant land in lots executed by the Daejeon Urban Corporation after selling it in lots. The Plaintiff’s prior publicity and advertisement for the sale of the instant land, the reservation for sale in lots, the conclusion of contracts, and the follow-up business.

Article 3 (Period of Contract and Commencement of Business) (1) The period of this contract shall be five months from the date of conclusion of the contract, and may be extended at the will of Defendant B.

② The Plaintiff shall commence business from the date when Defendant B entered into a sales contract for the instant land with the Daejeon Urban Corporation and paid the down payment.

③ Under the Plaintiff’s responsibility, the Plaintiff shall complete the sale of the entire land of this case within the period of this contract and fully deposit the sale price.

Article 4 (Sale Price of the Land in this case) The sale price of the land in this case shall be at least KRW 1,650,000 per 3.3 square meters.

Provided, That the amount may be changed under an agreement between the defendant B and the plaintiff.

Article 5 (Distribution of Business Profits, Guarantee of Profits, and Payment of Sales Agency Fees) (1) When the entire sale of the land of this case is completed, the distribution of profits between the defendant B and the plaintiff shall be as follows, and the plaintiff's profit shall be substituted by the sales agency fee.

The defendant B's profits (the total proceeds from sale less the essential business expenses, such as land expenses, registration tax, legal expenses, installment expenses of parcels, infrastructure expenses, loan interest of financial institutions, and fees, etc. (hereinafter referred to as "the amount").

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