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(영문) 수원지방법원성남지원 2014.01.24 2013가합1491
분양대행 수수료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 233,01,768 to the Plaintiff (Counterclaim Defendant) and its related amount from June 4, 2013 to January 24, 2014.

Reasons

1. Basic facts

A. On June 25, 2010, the Defendant concluded a joint project implementation agreement with the corporation I (hereinafter “I”) whose representative director is H on June 25, 2010, as the executor of the project in the land for taking measures for living in the C Housing Site Development Zone in Namyang-si, a neighborhood living facility D, E, F, and G.

B. On October 30, 201, the Plaintiff, a corporation established for the purpose of a sales agency business, etc., concluded a sales agency contract with the Defendant for the following terms and conditions as to the L building located J and K (hereinafter “instant commercial building”) newly constructed by the said business with the Defendant.

Article 2 (Scope of Business Affairs) (1) Upon entering into this contract, the defendant shall grant the plaintiff the authority to vicariously sell the following sales agency for the newly built site for living countermeasures in the Namyang-si, Namyang-si:

1. Brokerage, counseling and guidance for parcelling-out;

2. Sales office and operation;

3. Other business affairs designated by the defendant. (2) Business affairs related to policyholders, such as receipt and management of sales proceeds, conclusion of contracts, management of buyers, etc., shall be decided by the defendant

Article 3 (Preparation, Operation and Management of Sales Contracts) (1) The preparation of sales contracts shall be concluded directly with the defendant in accordance with the prescribed form at the place designated by the defendant, and the plaintiff may not become a contracting party.

Article 4 (Methods for Payment of Sale Price and Sale Price) (1) The sale price shall be based on the sale price list, but if it is necessary to promote the sale, such as changes in the status of sale and conditions of the request of the purchaser, the plaintiff may adjust it with ratification to

(2) The methods for paying sale proceeds shall be as follows:

(3) The Plaintiff shall ensure that all sales proceeds, including down payment, are deposited into the bank account designated by the Defendant, and the Plaintiff may not receive direct or indirect money related to the sales or lease contract, such as the receipt and disbursement of money.

Article 7 (Fees and Payment for Selling in Lots) (1) The sales agency fee shall be 8% of the sales price, regardless of the number of parcels sold.

(4)

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