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(영문) 수원지방법원 평택지원 2018.07.19 2017가단8529
부당이득금반환
Text

1. The application for intervention by the plaintiff co-litigation intervenor shall be dismissed.

2. The plaintiff's claim against the defendant.

Reasons

. The sales contract of this case is "."

On October 28, 2005, the Defendant completed the registration of ownership transfer with respect to the instant commercial building, and the F operated the bath business in the instant commercial building. 4) On June 26, 2006, F prepared and delivered a written performance note that “The amount payable out of the instant commercial building remains in KRW 610,000,000.” This amount shall be repaid from KRW 200,300 to KRW 300,000,000 when the additional loan is made, and the amount in short shall be repaid by G private house or sale until December 30, 2005.”

The F paid 200 million won to the Defendant on July 10, 2007.

For the sale of the remainder under the E of the sales agency agreement, the owner of the building and the plaintiff who is the sales agency shall agree as follows:

1. The total amount of the sale price of a unit unsold in lots (H-I) is 3.8 billion won, including J.

Provided, That the lower limit of each house shall be as follows:

(*The lower limit of deposit is omitted in the table.

2. The Plaintiff shall pay the Plaintiff, sales business personnel, and real estate fees at least 10-50% of the sales price for each room above the lower limit of the deposit by lots, and the remainder of the sales price shall be accumulated in the Defendant, above the payment of the fees.

3. When the Plaintiff attains the sales price of KRW 4.21 billion within the contract period (the sales price of KRW 3.8 billion shall be KRW 410 million), the Defendant shall pay the remaining price and reserve to the Plaintiff as sales commission. The Plaintiff shall pay the remaining price and reserve to the Plaintiff as sales commission, and the outstanding amount (the sales price of KRW 4.10 million) of G History by subrogation to the Plaintiff with the fees paid.

In addition, at the time of offsetting the amount receivable, the Plaintiff shall pay the unpaid interest of KRW 2 million each month from July 2010 to July 201.

4. This Agreement remains effective until October 31, 201, and when the sale of housing units is not completed by this deadline, the Plaintiff gives up the right to sell housing units unsold in lots after receiving the reserve of housing units sold in lots.

Provided, That the outstanding amount shall be paid in lieu of the accumulated fee and the outstanding amount shall be the difference.

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