logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.02.05 2018가합36557
분양대행수수료분배 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s sales contract, etc. for D building E (1) The Plaintiff is F Co., Ltd. (hereinafter “F”) around October 2016.

(2) On May 4, 2018, a sales contract for D Building E was concluded, and deposit KRW 77,550,200,000 after deducting KRW 10,000,000,000 already paid out of the down payment, for the purpose of selling D Building E (the estimated sale price of KRW 837,00,000) to be sold by it. (2) Upon entering into a sales contract for D Building E as an agency, the Defendant claimed KRW 50,220,000 from F, the executor, for the purpose of selling D Building E (the purchase price of KRW 87,50,200).

B. (1) The Plaintiff deposited KRW 28 million with H account, which used the name cards entered as the Defendant’s president, on May 15, 2018. The Defendant deposited KRW 12 million with the Plaintiff on May 29, 2018. 2) and the Plaintiff deposited KRW 54 million with H account on May 29, 2018. The Defendant deposited KRW 500,000 into H account. The Defendant deposited KRW 5 million with the Defendant on June 14, 2018.

3) On June 5, 2018, H provided that “The Plaintiff will pay KRW 95 million to the Plaintiff up to June 15, 2018” the cash custody certificate under the name of the Defendant and H (hereinafter “the cash custody certificate of this case”).

(B) prepare and arrange A. [Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, 5, 7, 8 (which include a serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The parties' assertion

A. Plaintiff 1) around May 4, 2018, the Plaintiff filed a claim for refund of subscription price with the intention not to conclude the sales contract for the above D building E. The Defendant’s actual president, who is the sales agent, concluded a sales contract with the Defendant that he would make the sales contract amounting to KRW 13 million per square (one million per square). However, the Defendant did not pay the Defendant. 2) The Defendant’s actual president, H, as a sales agent, did not pay the sales contract.

arrow