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(영문) 서울중앙지방법원 2018.12.21 2018가합503465
용역비
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. Around August 2005, the Defendant constructed a commercial building in Yangju-si (hereinafter “instant commercial building”).

From August 2005 and around September 2005, land trust company for the defendant or the defendant's trust company completed registration of preservation of ownership of each of the houses of this case. Many of the houses of this case were unsold in lots.

B. On May 20, 2016, the Plaintiffs concluded a contract with the Defendant to purchase 70 of the instant commercial buildings with the following content (hereinafter “instant sales contract”).

Article 2 (Contract Payment, Installment Payment, and Balance) of the Sales Price of the Commercial Building Sales Contract, the amount of KRW 8,600,000,000, and the method and time for the payment thereof.

1. In the sale of the above real estate, the plaintiffs pay the purchase price as follows:

At the same time as a sales contract, 300 million won shall be paid.

The first intermediate payment of KRW 300 million shall be paid within 20 days after the contract is concluded.

The second part payment KRW 900 million shall be paid by mutual consultation before the transfer of registration.

Any balance shall be replaced by repaying 6.4 billion won of a loan established on real estate after 90 days from the contract.

C. On May 20, 2016, the Plaintiffs concluded a sales agency service contract with the Defendant for the instant commercial buildings (hereinafter “instant service contract”) with the following content.

The purpose of this contract is to provide for the matters necessary for the Defendant to delegate the affairs related to the sale of this project to the Plaintiffs, and the Plaintiffs to perform the affairs delegated under the terms and conditions of the contract in good faith, in executing the sale and purchase business of the above-mentioned real estate.

Article 3 (Period of Service Performance) (1) The period of service performance by sales agency shall be from May 20, 2016 to August 20, 2016.

Article 4 (Service Fees) (1) Sales agency fees shall be 10% of the total sales amount.

(2) Sales agency fees shall be settled after the completion of the entire registration.

(based on recognition). (No dispute exists, A.

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