(영문) 서울남부지방법원 2017.11.30 2017가단231991

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.11.30 2017가단231991

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 10, 2014, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) (hereinafter “Plaintiff Co., Ltd.”) entered into a sales agency agreement with the Defendant to carry out the sales agency business with the Defendant as to the instant apartment, and to receive KRW 3.6 million per household sales commission. On July 25, 2014, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) entered into a sales agency agreement with the Defendant to increase the sales commission to KRW 4.6 million on a conditional basis.

B. On September 21, 2015, the Plaintiff Company and the Defendant concluded a sales agency agreement with the content that the sales commission shall be increased to KRW 10 million in the status of unsold housing units.

C. On April 6, 2016, the Plaintiff Company and the Defendant agreed to settle the sales commission with respect to the unsold apartment 14 households as follows.

(hereinafter “instant agreement”). The Plaintiff Company and the Defendant concluded a sales agency contract for the instant apartment on February 10, 2014, and performed sales business, but due to the delay in the construction of the city, the following settlement should be made as of April 5, 2016 due to the occurrence of unsold housing units until April 5, 2016 due to the delay in construction of the city:

1. Unsold number of households in lots: 103, 205, 206, 104, 401, 202, 302, 402, 502, 602, 702, 802, 1102, 1302, 1402, 1502 and 1502 (Attachment to the specifications of subparagraph 14);

2. The sum of supply amounts to unsold households in lots, excluding part payments loans, out of supply amounts to unsold households 14, shall be 971,771,600 won;

3. In accordance with the agreement on the settlement of the sales commission on September 21, 2015, the Plaintiff Company should pay in kind the said unsold household to the Defendant the sales commission (including the sales promotion fee) of 480 million won to the remaining 48 households unsold in lots.

4. Limit on acquisition by transfer of unsold household units;

A. The plaintiff company shall decide to transfer the supply price of 971,771,60 won by unsold household units 14, and the defendant shall take over the supply price.

(b).

유사 판례

-서울중앙지방법원 2018.07.18 2017가합536277

-서울중앙지방법원 2015.01.30 2014가합522147

-수원지방법원성남지원 2019.08.28 2018가단230396

-서울남부지방법원 2016.10.06 2015가합100311

-부산지방법원 2017.07.12 2016가단41230