(영문) 대전지방법원 2016.05.31 2015가단39149

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) 대전지방법원 2016.05.31 2015가단39149

부당이득금 반환

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiffs: (a) newly constructed and sold an urban-type residential house upon the purchase of land from LH Corporation; and (b) entered into a contract on the sale of land by proxy with the Defendant, who is the sales agent, as follows with respect to the sale of land:

(4) At the same time as the trust contract is terminated or terminated between the truster and the truster, the truster shall be entitled to all acts and duties of the truster based on the sale agency contract between the truster and the truster at the time of termination or termination of the trust contract between the truster and the truster, and all rights and duties of the truster based on the sale agency contract under the sale agency contract shall be succeeded to all rights and duties of the truster as a whole without any separate measure such as contract modification.

Article 11 (Sharing of Expenses for Sale in Lots, etc.) (1) The following expenses shall be borne by a truster, but a truster may have an agent execute the expenses on his/her behalf:

3. Installation of model houses, taxes and public charges, insurance premiums, and display expenses for such establishment. (2) The following sales expenses shall be borne by the agency:

5. Cost for the daily management and maintenance of the office for sale of model parcels;

6. Installation of a sales office (excluding the installation of a model house), and purchase, installation, and maintenance expenses of equipment, vehicles, telephone, and other facilities;

B. On August 12, 2014, the Plaintiffs and Coconco, and the Defendant drafted a written agreement with the following to terminate the said sales agency contract by mutual agreement.

1. A truster and an agent shall mutually agree on the termination of a contract for sales on behalf of the remaining unsold households in lots due to reasons, such as poor performance in sales on behalf of the remaining unsold households, and the agent shall not raise any objection thereto;

3. A truster and a proxy shall serve as the principal agent.

유사 판례

-광주지방법원 2018.04.06 2017나61316

-광주지방법원 2017.09.21 2017가단507811

-광주지방법원 2017.02.16 2016가단512274

-수원지방법원성남지원 2019.06.18 2017가단220088

-서울고등법원 2015.08.26 2015나2006911