(영문) 부산지방법원 2016.08.17 2015가합5715

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Reasons

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(영문) 부산지방법원 2016.08.17 2015가합5715

보증금등반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on real estate sales agency business, and the Defendant is a company that carries on housing construction business.

Indication of Contract Object

1. An unsold 400 office in lots, among 818 office rooms in the same type of one-time officetels;

2. One floor above the ground to the second floor above the ground of a commercial building due to the same pan-dong, or 50 houses unsold in lots.

3. An unsold 126 rooms among the 4-10-10-200-1000-100-10-10-10-10-10-10-2 (20-20

1. Date of the commencement of business: July 1, 2014: The period for the vicarious sale of buildings in units: November 15, 2014 from the date of commencement of business (the target of sale, the security deposit for sale, the commission for the vicarious sale of buildings in units, the reservation money, and penalties);

1. The plaintiff's goal of sale is as follows:

1) An officetel shall ensure that 400 rooms in an unsold housing unit shall be completed by November 15, 2014, among unsold housing units, by no later than November 15, 2014. 2) Commercial buildings are sold in lots or leased by no later than November 15, 2014.

3) In order to ensure that the office of sale in lots has been completed by November 15, 2014, the office of sale in lots from 4 to 10 floors. 2. The Plaintiff shall deposit the office of sale in lots with the Defendant a deposit of KRW 50 million for the smooth sale in lots. 4. The Defendant shall withhold 10% at the time of the payment of the office of sale in lots and pay 90% to the Plaintiff. 5. 1. 5.) The Plaintiff shall pay the deposit for sale in lots to the Plaintiff if the objective of the office of sale in lots has been achieved under Article 6(1)-1 of the Act, and the deposit for sale in lots belongs to the Defendant as a penalty if the Plaintiff fails to achieve the goal of sale in lots within the prescribed period. 2) The Plaintiff shall pay the fees for sale in lots, the office of sale in lots, and the office of sale in lots, if the objective of sale in lots has been achieved, to the Plaintiff, and the fees for sale in lots shall belong to the Plaintiff who did not achieve the target of sale in lots.

1. The sales agency fee has already been paid in case the commercial buildings and office fee contracted by the Plaintiff was sold in lots.

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