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(영문) 서울서부지방법원 2020.01.16 2019가합34732
용역비
Text

Among the lawsuits in this case, a claim for remuneration under Article 61 of the Commercial Act due to the performance of the affairs listed in the attached Table.

Reasons

1. Basic facts

A. The Defendant is an association established with the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) in the Seodaemun-gu Seoul Metropolitan Government Seoul District Readjustment Promotion Zone B.

B. On September 25, 2017, the Plaintiff, a certified judicial scrivener, entered into a contract with the Defendant to delegate the registration duties, etc. related to the instant business to the Plaintiff at KRW 960,000,000 (hereinafter “instant service contract”). ② On February 27, 2018, the Plaintiff entered into a contract with the terms that partially modified the terms of the said service contract and added the delegated duties and increased the service cost to KRW 1,095,000 (hereinafter “instant modified contract”).

C. The main contents of the instant service contract and the amendment contract are as follows.

Article 2 of the Service Contract of this case (Delegation of Authority and Entrustment of Authority)

1. Registration for cancellation of previous land;

2. Registration for land preservation for its members;

3. Registration for the preservation of land by unions;

4. Registration for preservation of buildings by members;

5. Registration for the preservation of buildings sold in lots by unions;

6. Registration for the preservation of rental apartments;

7. Registration of transfer of security rights:

8. Registration of land donation; and

9. Preparation of a building ledger; 10. Other minor affairs requested by Gap (the defendant; hereinafter the same shall apply).

1. Registration tax, education tax, etc. (any tax and public charges required for registration) shall be separately claimed, but the amount that Eul (the plaintiff, the same shall apply hereinafter) claims as a commission fee to the constituent members of Gap or Eul shall be based on the additional sheet: Provided, That it shall be paid for the additional cost and the expense for the investigation of rights when any cost, such as the request for the analysis of rights and

2. The total amount of down payment for services: 960,000,000 won (including value-added tax).

3. Services by item (1) Expenses for registration of cancellation of the previous land. (2) Expenses for registration of cancellation of the previous land shall be 160,280,000 won for members' land preservation and registration. (3) Expenses for registration of preservation and registration of land preservation in partnership (general sale).

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