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(영문) 대구지방법원서부지원 2016.12.16 2016가합50109
매매대금반환
Text

1. The Defendant’s KRW 350,000,000 as well as 6% per annum from November 18, 2016 to December 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running real estate investment and development business, and the Defendant is a company running a housing construction business and a real estate sale and lease business.

(b) Conclusion of a service contract for sale and purchase;

(1) On July 10, 2012, Special Metropolitan City Construction Co., Ltd. (hereinafter “Seoul Metropolitan City Construction Co., Ltd.”) entered into a service agreement for sales agency with the Defendant, on July 10, 2012, for 180 households of Daegu Metropolitan City, Seo-gu, the 1475-1, Sejong Metropolitan City Apartment-1, a rental house owned by the Defendant (hereinafter “instant apartment”), the sales price was KRW 58 million per household, and the sales agency period was from July 10, 2012 to November 9, 2012; and the sales agency fee was four million won per household.

On June 9, 2014, after the expiration of the contract period, it was prepared a certificate that the defendant entrusted the sales agency business to the 180 households of the apartment of this case to the defendant.

B. On January 29, 2014, the Defendant entered into a service contract for the sale of the instant apartment owned by Tae Youngdi C&C (hereinafter “T&C”) with the 180 households of the instant apartment owned by Tae Youngdi C&C, with the selling price of KRW 70 million per household, and the selling agency fee of KRW 9.5 million per household, and received KRW 350 million from Tae Youngdi C&C around that time.

Secondly, on March 27, 2014, the Plaintiff: (a) transferred the right to vicariously sell the instant apartment to KRW 200 million; (b) paid KRW 560 million to Tae Youngdi C&C the transfer price of KRW 200 million (i.e., the contract amount of KRW 350 million paid to the Defendant; and (c) entered into a contract for vicarious sale (sale) with the Defendant on March 29, 2014 (hereinafter “instant service contract”); and (d) concluded a contract with the Defendant on March 29, 2014, the contract amount of KRW 350,000,000 to be paid to the Defendant is KRW 350,000,000 for the contract amount already paid by Tae Youngdi C&C to the Defendant.

㈎. 피고는 원고에게 이 사건 아파트의 분양(매매)업무를...

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