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(영문) 서울중앙지방법원 2017.01.19 2016가합526600
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff of the parties is the Housing Redevelopment Project Association that obtained authorization for establishment on May 18, 2006 from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement the Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”).

The defendant is a company with the purpose of real estate advisory business, real estate sales agency business, lease sales agency business, etc.

B. On January 12, 2009, the Plaintiff and the Defendant entered into a sales agency contract and a sales agency contract with respect to the sale (limited to the sale in general except for the sale in lots by members) of the commercial buildings to be newly constructed by the Plaintiff according to the instant improvement project (a supplementary welfare facility and sales facility; hereinafter “instant commercial buildings”).

After that, on December 17, 2012, the Plaintiff and the Defendant entered into a modified contract of the said parcelling-out agency contract (hereinafter “instant modified contract”).

The main contents of the instant amendment agreement are as follows.

Article 2 [Scope of Business] (1) The plaintiff and the Si Corporation shall, upon entering into this contract with the defendant, grant the defendant the authority to vicariously sell the commercial buildings in this case, and the defendant shall obtain approval from the plaintiff and the Si Corporation in carrying out the sale business

The scope of the plaintiff's business shall be as follows.

1. Formulation and execution of detailed plans for the advertisement including the public relations, advertising planning and advertising volume for sale in lots;

2. The scope of services on behalf of the defendant for sale in lots, such as media advertisements ( newspapers, the Internet, TV, etc.), and other advertisements (placardss, leaflets, carbs), and other advertisements, shall be as follows:

1. Formulation of and support for detailed plans for the advertisement including the public relations, advertising planning and advertising volume for sale in lots;

2. Operation of sales offices for sale of the object of contract;

3. Detailed plans for sales activities and occasional and regular reports on the progress of such activities;

4. Guidance for customer counseling and conclusion of contracts;

5. The seller and the sale price; and

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