(영문) 서울중앙지방법원 2018.01.26 2016가합576575

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(영문) 서울중앙지방법원 2018.01.26 2016가합576575

분양대행수수료 청구의 소

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1. The Defendant’s KRW 29,690,000 and the Plaintiff’s annual rate of KRW 6% from April 15, 2016 to January 31, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a sub-sale agency contract 1) Gyeonggi-si apartment (hereinafter “instant apartment”) that is promoting the new construction of an apartment in the area B with the wife population B in Gyeonggi-si (hereinafter “instant apartment”).

3) The regional housing association (hereinafter “instant regional housing association”)

(3) Nonparty 1 Co., Ltd. (hereinafter referred to as “BP”)

2) The sales agency contract of this case (hereinafter referred to as the “instant sales agency contract”) to which the sales agency of this case was delegated

(2) On July 31, 2015, AWP entered into a contract for the parcelling-out agency (hereinafter “instant parcelling-out agency contract”) under which the Defendant re-out the instant apartment sales agency contract to the Defendant under the original parcelling-out agency contract (hereinafter “instant apartment sales agency contract”). On the same day, the Defendant entered into a sub-sub-sale agency contract (hereinafter “instant sub-sale agency contract”) with the content that re-out the instant apartment sales agency to the Plaintiff.

Article 5 (Terms and Conditions of Sale by Proxy and Fees for Sale by Proxy) A (Defendants) shall pay to B (Plaintiffs) fees for sale by proxy (hereinafter referred to as "fees") as follows:

(1) The performance records of sale in lots shall be included only in the conclusion of a contract for sale in lots, and they shall not be included in the performance records of sale in lots.

(3) The sales agency fee shall apply only where the deposit of the down payment is fully paid, and the fee shall be 4,300,000 won per household (excluding surtax).

(4) Initial fees shall be paid at least 50% of the total recruitment of union members scheduled for recruitment.

Provided, That when the contract period of the plaintiff's vicarious sale expires after recruiting less than 50% of the total recruitment planned members, the fee shall be extended through consultation between the plaintiff and the defendant, or when the defendant reaches at least 50% of the members by adding the results of the third-party event selected by the defendant on behalf of the plaintiff and the results

유사 판례

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-서울북부지방법원 2015.12.10 2015가합22254

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