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(영문) 수원지방법원평택지원 2015.07.03 2014가합309
분양대행수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of real estate sales business, etc., and the Defendant constructed D shop with the size of the first floor and the fifth floor above the ground level on the third and third lots above the 2002 king-si around 2002 (hereinafter “instant D shop”).

The period of sales agency contract under Article 4 (Period of Contract) of the sales agency contract shall be the date of completion of the building from the date of conclusion of the contract, but both parties may separately agree to adjust such period.

Article 5 (Preparation of Contract for Sale and Method of Payment for Sale Price)

3. The receipt of the sales price and the issuance of a receipt shall be handled directly by the plaintiff, and the sales price received shall be deposited into the defendant's account.

Article 6 (Fees for Sale by Proxy) The defendant shall pay the sales commission for the part sold by the plaintiff according to the following rates:

Neighborhood facilities: 13% of the selling price (excluding value-added tax) Article 7 (Payment of sales agency fees)

1. The payment schedule and ratio of the sales agency fee. (1) The first part payment period: 30% of the sales commission. (2) The second part payment period: 30% of the sales commission. (3) The second part payment period: 20% of the sales commission. (4) The remainder payment period: 20% of the sales commission;

2. In principle, the defendant shall pay the following day at the time of concluding the sales contract according to the payment schedule of the commission for sales agency;

(The same payment method shall also apply to the fees for the intermediate or remaining gold: Provided, That where the contract is concluded but the contract amount falls short of the contract amount, only when the total amount of the original contract deposit is paid, the fee shall be paid, and the same method shall apply when the intermediate payment is paid

B. On March 2003, the Defendant entered into a contract between the Plaintiff and the Plaintiff to grant the Plaintiff the right to sell the instant shops by proxy. The main contents are as follows.

(hereinafter “instant parcelling-out agency contract”). (c)

After completion of December 2003, the registration of ownership preservation was completed in the name of the defendant on December 19, 2013. D' (total 28 rooms) of this case.

The details of the sales contract that the plaintiff had already died from 2003 to 2004 are attached to the sales statement.

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