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(영문) 수원지방법원 2019.11.13 2018가단2963
부동산수수료등 양도양수금
Text

1. Defendant D’s 45,000,000 as well as 15% per annum from February 9, 2018 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. C (Plaintiff’s Intervenor; hereinafter “C”) entered into a real estate service contract (hereinafter “instant contract”) with Defendant E (Defendant Company) and F (Defendant Company), a landowner on August 17, 2015, with the following content:

At the time, Defendant D entered into the above contract on behalf of the Defendant Company.

(The representative director G of the Defendant Company appears to be the Defendant D’s wife. The total size of H, I, and non-land (forest, miscellaneous land) 32,984.6m2 appears to be the Defendant Company A’s witness.

Content of Services:

1. To sell real estate to the general public;

2. He/she shall actively cooperate with one another accompanied by civil works, partition of co-owned property, etc. after sale;

3. Preparation and issuance of a sales contract concerning the whole parcel;

Service Amount: 10,00 won per square meter shall be paid for the sale of land and the preparation of a sales contract (50% at the time of receipt of the contract amount, 50% at the time of receipt of the balance), and 15 million won at the time of completion of sale of the target real estate area, and 15 million won at the time of sale of the target real estate area, shall be paid as performance money.

According to Article 3 of the A’s Certificate (Service Agreement), it is understood as above.

B. C performed various public relations activities to sell the subject real estate in accordance with the above contract, but failed to buy and sell the subject real estate.

During that process, the owners of the above land have sold the subject real estate directly to others, and the compulsory auction or voluntary auction has been conducted by the court for some real estate.

C. On August 1, 2016, Defendant D drafted a memorandum of performance (Evidence A 4-1) that shall be paid by December 31, 2016 to C by December 31, 2016.

The details of the above amount were to pay 50 million won as real estate consulting fees related to the instant contract, 4 million won as sales promotion expenses, and 10 million won as consulting fees for real estate J of the wife population in Yong-si.

As Defendant D fails to comply with the above payment date, it is late February 4, 2017.

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