(영문) 인천지방법원 2021.02.03 2020가단3887

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(영문) 인천지방법원 2021.02.03 2020가단3887

부당이득금반환

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The defendant shall pay 60 million won to the plaintiff (the appointed party) and the appointed party C, respectively, and the defendant shall pay 60 million won to them from December 23, 2020 to February 3, 2021.

Reasons

1. Basic facts

A. On February 28, 2018, the Defendant concluded a sales contract with respect to each of the instant land on February 28, 2018, in order to implement the business of constructing a new Fju Complex Building (hereinafter “instant building”) on the land of the Nam-gu Incheon Metropolitan City and E (hereinafter “each of the instant land”). On March 1, 2018, the Defendant concluded a sales contract with respect to the instant building and its enforcement rights.

The defendant (hereinafter referred to as "A") who carries out the following projects and the plaintiff who performs the sales agency services under the sales agency services under the said projects and the sperm (hereinafter collectively referred to as "B") enter into this contract with each other in good faith:

The indication of the object of the contract: Article 1 (Purpose of the Contract) of the Building of this case is to provide for the early successful sale of the building concerned through the sale of the building in question under the supervision and management of Gap in a specialized manner under the supervision and management of Gap.

Section 2 (Scope of Services) A shall, upon entering into this Agreement and at the same time, grant to Section B all the sales services with respect to the land of the Project.

(1) The scope of duties to be supported by A shall be as follows:

1. Providing model houses for the sale of buildings in units;

2. Execution of advertising expenses;

3. Bearing expenses, public charges, office fixtures, etc. for model parcels;

4. Other matters to be executed and supported by the executing company in connection with the sale of buildings in units: Article 5 (Deposit for Sale in Units) ① KRW 100 million per day (payment in case of a contract).

Article 14 (Termination of Contracts) (2) In any of the following cases, Eul may suspend the sale of buildings in units, cancel a contract for the sale of buildings in units by proxy, and Eul shall compensate for losses incurred thereby.

1) A is specified on the construction permit and sales contract.

유사 판례

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-대구지방법원 2014.07.04 2014구합20454

-의정부지방법원 2018.02.22 2017나206862