(영문) 수원지방법원성남지원 2014.07.04 2013가합9969

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(영문) 수원지방법원성남지원 2014.07.04 2013가합9969

분양대행권확인

Text

1. On August 25, 201, the Plaintiff entered into a sales agency agreement with the Defendant regarding the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. On or around August 2011, the Plaintiff, the Defendant, and Nonparty C newly built and sold a residential building (hereinafter “instant building”) on the ground of Gwangju-si, E, and F land, etc. (hereinafter “instant land”) owned by the Defendant, the Defendant provided the instant land, and C is in charge of construction authorization, permission, and sale, etc., but the Plaintiff is in charge of construction, and the Plaintiff agrees to distribute the land price, the Plaintiff, and the Plaintiff and the Defendant, with the proceeds from sale, to the Defendant, each of the remaining profits (hereinafter “instant agreement”). Accordingly, the Plaintiff and the Defendant entered into a sales agency contract on the instant building on August 25, 201 (hereinafter “instant sales agency contract”), and the content are as follows.

Article 1 (General Provisions) In selling neighborhood living facilities by the defendant, the defendant shall delegate his duties to the plaintiff, and the plaintiff shall perform the duties entrusted by the defendant in good faith and sincerity and shall provide for the matters under the contract.

Article 2 (1) Period of sale by proxy, (2) sale by lots and amount of sale by lots, (3) sale by lots, (4) sale by lots and payment, (5) support for sale by proxy, and public charges and public charges, which the defendant and the plaintiff agreed on the contract, and Article 2 (1) - all of the matters shall be determined and progress by the plaintiff,

Article 3 (Other Matters not specified in this Agreement) Other matters not specified in this Agreement shall be determined by consultation between the defendant and the plaintiff, and shall be in accordance with general practices.

B. On March 28, 2012, in order to embody the instant agreement, the Plaintiff, the Defendant, and C drafted a written agreement with the following terms, and on May 3, 2012, agreed to pay the land price as KRW 5.2 billion.

1. After sale in units and completion of a building, profit distribution shall be shared by both the plaintiff and C;

2. The calculation of profits shall exclude land prices, expenditure, construction cost, related taxes, etc.

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