logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.12.10 2015가합22254
손해배상(기)
Text

1. Defendant B, the council of occupants’ representatives, and D jointly with the Plaintiff as from January 10, 2015.

Reasons

1. Basic facts

A. The company that is engaged in the real estate sales agency business, etc., the company that was dispatched to the management agency and employees to Kimpo-si, Kimpo-si (hereinafter “instant apartment”), the head of the management office of the instant apartment, and the council of occupants’ representatives (hereinafter “the council of occupants’ representatives”), the autonomous management organization composed of the occupants, and the defendant D are the chairman of the council of occupants’ representatives.

B. On August 1, 2013, the Plaintiff obtained consent to the use of the said 41 household from the International Trust Co., Ltd. (hereinafter “International Trust”), an owner of 41 household among the instant apartment 106 units (hereinafter “International Trust”).

C. Around August 2018, the Plaintiff entered into a sales agency contract with Dian Development Co., Ltd. (hereinafter “Dian Development”), the owner of 25 households among the instant apartment 109 units (hereinafter “Dian Development”), with the following terms (hereinafter “instant sales agency contract”). On September 3, 2013, the Plaintiff obtained approval for the use of the said 25 units from Korea Trust Co., Ltd. (hereinafter “Korea Trust”), a trustee of Dian Development and the said 25 units’ security trustee.

The sales agency fees shall be applied as follows:

- fees shall be charged for the difference of the contract price entered into at least 65 per cent from the initial sale price;

(including surtax). Of the sales agency fees, MGM expenses, real estate introduction fees, and public relations expenses are included.

The method of payment of fees and operating expenses for vicarious sale of buildings in units shall be paid according to the target sale rate and the performance record, such as the attached list of special agreements.

The plaintiff shall be limited to all public relations expenses, etc. within the fee, and the public relations expenses paid may not be claimed for DNA development.

The plaintiff's business of selling 41 households in the above 106 Dong and 25 households in the above 109 Dong at a price lower than the initial sale price.

arrow