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1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked.
2. The plaintiffs.
Reasons
1. Basic facts
A. The parties’ relationshipN shopping mall (hereinafter “the parties’ relationship”) is an organization established to sell, and distribute profits therefrom to its members, consisting of members selected as subjects of living measures in connection with the development project of the AO housing site conducted by the Sungnam-si, the Korea Land Corporation, and the Korea National Housing Corporation, and consisting of members selected as subjects of living measures in connection with the development project of the AO housing site implemented by the Korea National Housing Corporation.
B. On November 5, 2007, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) entered into a sales agency contract for the instant project site between the Plaintiffs and the non-party partnership, which is an agency in charge of purchasing the project site of the non-party partnership and the non-party partnership, and design and sale of commercial buildings (hereinafter “AP”), but on August 26, 2008, Plaintiff A Co., Ltd (hereinafter “Plaintiff A”) entered into a sales agency contract with the non-party partnership and the AP (hereinafter “the instant contract”). The main contents are as follows.
Article 3 (Rights and Obligations) (1) A (Foreign Partnership and AP) may not recognize rights and obligations with respect to the sale by proxy and all of the affairs or enter into a contract with any third party other than B (Plaintiffs) without written agreement or cancellation.
(2) A shall commence the sale within (1) days after the conclusion of this contract. If the above date is delayed, A shall notify B of the reasons for the delay and the expected date of delay in writing.
Article 4 (Deposit for Sale by Proxy) Deposit shall be KRW 1.5 billion as follows:
(1) B shall deposit 1.5 billion won as security deposit for sale by way of sale to Gap.
Article 9 (Period for Sales in Units) (1) A shall allow the commencement of sales in units within (1) days from the date of the conclusion of this contract, if any.