(영문) 수원지방법원안양지원 2017.09.22 2016가합103427

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(영문) 수원지방법원안양지원 2017.09.22 2016가합103427

분양대행 수수료 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 26, 2016, Defendant B (hereinafter “Defendant B”), C, and F purchased each of them at KRW 5,924,239,00,770,789,000 from the Korea Land and Housing Corporation as the purchase price of KRW 5,924,239,00, 6,770,789,00.

B. Since March 31, 2016, F transferred all rights and obligations relating to the sales contract of each of the instant lands to I (the representative director D; hereinafter “I”), and the said Defendants registered the business with Defendant B, C, and I as joint business operators for the purpose of constructing and selling J commercial buildings on each of the instant lands on the ground of the instant case (hereinafter “instant commercial buildings”).

C. On the other hand, around February 28, 2016, the Plaintiff drafted a sales agency contract under which Defendant E, C, D, and F shall be entrusted with the sales of the instant commercial building by Defendant B and three others, and Defendant E, C, D, and F signed the said contract.

(hereinafter “instant sales agency contract”). The main contents are as follows:

Article 2 (Sales Price of Object) (3) Payment method of sale price of an object.

(a)in principle, commercial-contract deposit 20%, 20% of the first intermediate payment, 20% of the second intermediate payment, and 40% of the balance, but may be adjusted according to the contractor’s circumstances;

Article 4 (Commission for Sale by Proxy) (1) The Defendants shall pay to the Plaintiff the commission for sale by proxy of the said objects as follows:

Commercial buildings: 7% of the total amount of sales in each unit (payment after the deduction of the original tax). (2) The payment period shall be the payment rate within five days from the date of request for payment of the plaintiff after making payment in full in accordance with the standard rate of deposit in each unit pursuant to Article 2 (3), and it may be adjusted and extended within seven days according to the circumstances of the defendants.

(3) Fees shall be adjusted within the limit of one to seven percent by mutual consultation.

(5) The rate of payment of fees shall be 50% after the completion of payment of down payment, 40% after the completion of payment of the second intermediate payment, and remainder payment.

유사 판례

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