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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
Reasons
1. Basic facts
A. On November 24, 2014, in order to acquire land within the Jongno-gu Seoul Metropolitan Government “C and D District” designated as an urban renewal acceleration district and implement a rearrangement project under the Act on the Improvement of Urban and Residential Environments, the Plaintiff (hereinafter “Defendant, etc.”) entered into a real estate services agreement with the Defendant, etc., including the Defendant, who was a passbook in the above business area, to purchase real estate on behalf of the Plaintiff, and the Plaintiff, in return, paid the service cost to the Defendant, etc. (hereinafter “instant services agreement”).
The main contents of the service contract prepared accordingly are as follows:
[Article 2] The duties and the scope of duties of “B” (referring to the defendant, etc.) and “B” are as follows:
The term "real estate subject to purchase" shall be six months from the date of conclusion of this contract for the service performance period of "B" under the name of the person designated by "A (referring to the plaintiff)" or "A".
Provided, That "A" and "B" may be extended by mutual agreement.
[Article 4] The service costs and payment terms ① The total service costs are KRW 3,460,000,000 per day ( KRW 3,460,000), and the service costs are KRW 1,00,000 per day.
(Purchase Areax 1,00,000) also includes all of the following:
Allowances for the exclusive personnel determined by "A"
(b) Actual expenses paid directly in connection with land contracting affairs (including operating and maintaining expenses of office) ② For the payment of service expenses, “B” must enter into a land transaction contract with at least 1/2 of “purchaseable real estate” and at least 2/3 of the number of consenters in the project area within six months after the conclusion of this service contract.
[Article 5] Time of service charges (1) Time of service charges shall be the time and rate prescribed in the following subparagraphs in cases where Article 4(2) is met: