(영문) 수원지방법원성남지원 2017.11.14 2016가단217627

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(영문) 수원지방법원성남지원 2017.11.14 2016가단217627

약정금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B is a person who acts as a real estate broker and as a real estate consulting agent, and Plaintiff A is a person who conducts real estate auction consulting.

B. On January 21, 2016, the Plaintiffs entered into a contract with the Defendant with regard to the auction of 2,783 square meters of C Forest land (hereinafter “instant forest”) in Hanam-si (hereinafter “instant forest”).

A person who has requested to sell the auction proceeds of a real estate consulting contract shall refer to "A" and the person who has received the request shall be referred to as "B" and the following request contract shall be entered into under mutual agreement:

[Article 1] Goods and Areas Requested to Purchase Auctioned Goods

1. Objects: Objects;

2. Scope of the area: [Article 2] Scope of the purchase price and commission.

1. Desired purchase amount: Determination of a daily gold;

2. Fees: the service period of KRW 0.8% per day (Article 3) shall be from the 20th day to the 20th day of the completion of construction permission.

[Article 4] "A" and "B" shall have the duty of good faith in relation to the terms and conditions of this contract.

[Article 5] The analysis and value analysis of the subject matter (Comparison and Analysis between the scheduled auction price and the market price) shall be conducted to explain the characteristics, etc. of the object to "A" and the process of the process shall be explained to "A" from time to time.

[Article 6] When the contract is rescinded due to the reasons attributable to the "A", the "A" shall compensate the "B" for the expenses according to the degree of progress of the service, and when the contract is rescinded due to the reasons attributable to the "B", the "B" shall compensate the "B" for the double amount of the down payment.

"A" and "B" shall, with respect to the payment of the price, be paid at the time of the completion of the construction permission for the main use (the Deputy Director and Temporary Building) designated by "A", and shall be paid separately by "A" in relation to the consultation of the successors of this article at the time of consultation.

C. The defendant, according to the plaintiffs' consultation, is supported by Suwon District Court Sung-nam branch of the forest of this case.

유사 판례

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-서울중앙지방법원 2020.12.09 2020가합517054

-창원지방법원진주지원 2019.01.09 2018가합11049

-의정부지방법원 2018.09.14 2017가합53811