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(영문) 서울고등법원 2018.08.30 2017나2072363
매매대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff entered into the instant agency contract with the KAF, the KAF, the LAF, and the LAF, and the LAF, to newly build and sell urban-type residential housing in the name of "O" (hereinafter referred to as the "O-type residential housing in this case") on the land of Pyeongtaek-si (hereinafter referred to as the "O-type sales business in this case") in order to promote the business (hereinafter referred to as the "sale business in this case"), the Plaintiff as the agent agent, the Plaintiff as the implementer, the implementer (seller), the LAF, the LAF, the business agreement with "M of the project costs," and the agency contract of this case.

The instant agency contract was concluded. The main contents of the instant agency contract are as listed below. Article 3 (Inward and Business Affairs), Article 3 (In this case, K shall carry out the following business affairs, as a business operator. On the 14th day of completion of the building, after the registration of preservation of ownership of the building, the Plaintiff shall be subject to security trust (or management and disposal trust,

(3) The Plaintiff, as an agent upon delegation by the parties to this contract, shall perform the following duties as an agent for the affairs entrusted by the parties to this contract. 1. The goods unsold in lots (including any outstanding goods unsold in lots) registered for preservation after the construction of the building; hereinafter the same shall apply in this contract:

Conclusion of a security trust contract with respect to

2. Opening an account for the management of proceeds from sale and receipt and management of proceeds from sale;

3. The management and administration of the project funds, such as loans and sales proceeds, related to the project, shall be conducted by the plaintiff under Article 18 (Performance of Sale Business, etc.) (7) of sales proceeds (including lease deposit and rent).

Article 19 (Management, etc. of Sale Contracts) (4) To receive sales proceeds only from the Plaintiff’s account, and to specify the following provisions in order to clearly indicate the management account of sales proceeds and to clearly indicate the scope of duties according to the protection of buyers and the receipt of the Plaintiff’s sales proceeds:

1. The proceeds of sale shall be admitted to deposits other than the designated proceeds of sale account;

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