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(영문) 수원지방법원 2014.07.03 2013가합20277
중개수수료반환
Text

1. Defendant B Co. and Defendant C shall jointly and severally serve as KRW 230,000,000 for the Plaintiff and the Plaintiff from October 22, 2013.

Reasons

1. Facts recognized;

A. On June 20, 2006, the Plaintiff (the Plaintiff Company E) entered into a real estate consulting agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the terms of conducting the procedures for amendment of the provisions, such as the articles of incorporation and board of directors of the clan for the transfer of ownership, the convening of a general meeting or board of directors of the clan for the transfer of ownership, and the completion of its resolution, etc. (hereinafter “instant service agreement”) with respect to the purchase and decision of 5,157m2 (hereinafter “the instant forest land”) of the land owned by the H clan located in the core area for the urban development project and multi-family housing project of the Yeongdeungpo-gu, Gyeonggi-do (hereinafter “instant clan”).

At the time of the instant service contract, the contract was signed by the Defendant Company and the J, a representative director of the Defendant C, to perform the duty of service together with the Defendant Company, and the actual seal of the Defendant Company was carried out by the name of the said Company.

In addition, on the bottom of the above contract, the resident registration number and address of the defendant C were stated as a separate pen.

B. The contract of the instant service contract must be adjusted by the Defendant Company so that the total purchase price of the forest of this case does not exceed 3 billion won (Article 4), and the service cost shall be KRW 30 million, but the said service cost shall be paid in lump sum when the real estate sales contract was concluded at the above purchase price.

(Article 6) If there is a problem of transfer of ownership or provision of security prior to the payment of the remainder after the payment of the said sales contract and the down payment or the intermediate payment, the Plaintiff shall cancel the contract in writing.

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