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(영문) 대전고등법원 2021.01.12 2020나12439
정산금
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Article 3 [Scope of Contract] This Agreement permits “A” (referring to “A” and “B” and “B” to act on behalf of B (referring to the Plaintiff and Defendant) for the term of this Agreement with respect to goods under a contract, and the scope of “B” is to develop and sell contract articles in a fair and lawful manner and enter into a sales contract with a buyer and enter into a sales contract with a buyer.

Article 4 [Period of Contract] This Agreement shall become effective between 15 June 2015 (Monthly) and 10 months, and may be extended or shortened by separate written agreement between 'A' and 'B'.

This contract will proceed with the second and third construction and the third sale in accordance with the results of the project as the primary project for the land development project and the sale agency project which takes place more than three times in total.

Article 5 [Permission for Land Use by “A”] “A” shall grant “B” the right to develop and sell developed housing sites to a third party within the extent that the contract is:

The term "B" may have access to developed goods within the scope of Article 7 [the scope of the exercise of rights by "B"] during the term of the contract to perform the land development project and the sale of housing lots.

The development authority for goods to be developed: “B” may carry out the development of goods to be developed within the provisions of this Agreement and at the same time within the legitimate scope.

The authority to sell development goods: The term "B" may vicariously carry out the affairs to sell all or part of the development goods to a third party within the period of contract.

Article 6 [Development and Sale in Lots ] B] The term "B" may develop a "contract object" within the scope of Article 5 [Permission for Land Use in Gap] and sell in lots the developed housing site by proxy.

Land development means the design, division, construction (such as roads, excellent water supply systems, sewerage systems, electricity, telecommunications, etc.) for "contractual goods" and includes the installation of an access road within six meters of "contractual goods."

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