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(영문) 인천지방법원부천지원 2016.01.12 2015가단5325
양도금
Text

1. The Defendant’s KRW 130,000,000 as well as 20% per annum from March 21, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. B (hereinafter “B”) is an executor who carried out the business of constructing and selling “D” (hereinafter “instant aggregate building”) on the ground of the Hancheon-gu, Seocheon-si and six lots of land, Nowon-gu, Seoul.

On May 29, 2014, the Plaintiff entered into a “sale agency service contract” between B and B for the sale of the instant condominium buildings, and the main contents of the contract are as follows.

“A” and “B”: Scope of objects to be indicated for sale by the Plaintiff: Urban Residential Housing 73, Office 45, and Residential Facility 28. (Contract Period and Target Sale Contract Rate)

1. (Omission)

2. The target allotment rate of “B” is as follows, and “B” shall make every effort to achieve the target allotment rate.

In the 3th month following the 4th month in the 1st month in the 2th month in the 3th month in the 4th month in the 1st month, the term “urban-type residential housing” is referred to as “urban-type residential housing” in the 3th month in the said 4th month. The term “office” is referred to as “office” in the O/T above 10% 20%, 20%, 30%, and 90%, and 5%, 5%, 20%, 20%, 30%, and 80%, respectively.

1. Period: Standards for the actual commencement date of sale;

2. Target sale rate: Article 11 (Termination of Contracts) of the Standards for Sales Security Office (Termination of Contracts) if any of the following events occurs, "A" and "B" may terminate the contract, and the violating parties shall be liable to compensate the other party to the contract.

(1) From to (5) (6) Where “B” fails to achieve the target allotment rate under Article 4(2), and “A” notifies in writing the termination of this contract.

B. On August 19, 2014, the Defendant concluded a contract between the Plaintiff and the Plaintiff to transfer the sales agency service business right for the instant aggregate building held by the Plaintiff from the Plaintiff to KRW 130 million in total price.

(hereinafter “instant transfer/acquisition agreement”). C.

B On August 20, 2014, the apartment building in this case is sold on behalf of the Defendant.

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