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(영문) 서울동부지방법원 2015.06.19 2014가합108995
구상금
Text

1. The Defendant’s KRW 170,905,667 as well as 5% per annum from August 13, 2014 to June 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established by having land in Songpa-gu Seoul as a project implementation district pursuant to the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban Improvement Act”) on November 13, 2003, and the Defendant is the president of the Plaintiff who was dismissed from office at the Plaintiff’s extraordinary general meeting of the association on February 19, 2012.

B. Around November 2007, the Defendant entered into a sales agency contract with the Korea Rig Real Estate Co., Ltd. (hereinafter “Korea Rig Real Estate Co., Ltd.”) which held as the head of the Plaintiff’s partnership with respect to the commercial buildings in the D apartment complex that will be newly constructed within the said project implementation district (hereinafter “instant sales agency contract”). On March 4, 2008, the Defendant entered into a special contract for the sales agency contract of this case with the incentive payment agreement (hereinafter “instant special agreement”).

In selling the objects of the above indication under the contract for parcelling-out agency of this case, the A market reconstruction and improvement project association (hereinafter referred to as the "A") and the Korea interest rate for the parcelling-out agency of this case (hereinafter referred to as the "B") shall conclude a parcelling-out agency contract under the separate agreement, and Article 6 (Sales Fee, Time of Payment, etc.)

(a) “A” shall pay “B” the total purchase price under Article 4 (7 per shop) at the rate of 7% for each contract shop;

Value-added tax shall be excluded.

Article 1 (General Provisions) of the Special Agreement of this case provides for the special agreement between "A" and "B" in order to support the early sale and sales promotion of the same commercial building, as the construction cost and financial interest and burden are increased in selling sales facilities (Ga).

Article 2 (Matters of Special Agreement) "A" shall support "B" with respect to the above real estate as follows:

1 In the case of selling more than 31,00,000 won per 3.3 square meters of the sale price per 101 m2, the sale price exceeding 3.3 m2 per 3m2 shall be paid to "A" as incentives to "B".

C. The Plaintiff is the Republic of Korea on March 11, 2008.

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