(영문) 서울중앙지방법원 2017.07.04 2016나45808

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(영문) 서울중앙지방법원 2017.07.04 2016나45808

영업금지등 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's successor's claim raised in the trial is dismissed.

3...

Reasons

1. Basic facts

A. One Daol Trust Co., Ltd. (hereinafter “one Daol Trust”) performed a new construction of H stores (hereinafter “instant commercial buildings”) on the land of G G factory site 7,628 m28 m2 in Ansan-si in 2012, and entrusted the sale of the instant commercial buildings to the Osung District Co., Ltd. (hereinafter “Osung”).

B. On December 13, 2012, 201, the Osung entered into a sales agency contract (hereinafter “instant sales agency contract”) with BS Global Co., Ltd. (hereinafter “SS Global”) with respect to the instant commercial buildings on the following terms:

Article 5 (Change of Purpose of Sale, Change of Type of Business and Design, and Sale Price of Objects) The purpose of use and sale price of objects shall be in accordance with the sale area and sale price table presented by "A" (OsteM), and where it is necessary to sell in lots by adjusting the sale price determined for the promotion of sale, "B (B)" (BS global) shall be performed in full cooperation with the determination of "A".

Article 11 [Conclusion of Sales Contracts] (1) The sales contract form may only be effective only with the signing and sealing of the sales contract form prepared and sealed directly by the designated entity of "A" or "A" in the prescribed form provided by "A" or "A" according to the procedure designated by the designated entity of "A".

(2) The conclusion of a contract for sale in lots shall be directly concluded between a seller for sale in lots and a buyer for sale in lots, and the determination of matters concerning special contract terms and conditions, etc. which have not been agreed between a buyer for sale in lots and a buyer for sale in lots shall necessarily be made “A.” If “B” enters into a contract for sale in lots, matters concerning special contract terms and conditions, etc. which have not obtained prior agreement between a buyer for sale in lots and a buyer for sale in lots shall be dealt with entirely with and dealt with by “B”, and

C. On March 27, 2013, the Plaintiff’s ground for appeal is as follows.

유사 판례

-서울중앙지방법원 2016.06.24 2015가단5030179

-서울중앙지방법원 2018.01.17 2016가합566950

-부산지방법원 2017.07.14 2016가단23447

-전주지방법원 군산지원 2018.11.08 2017가합12365

-인천지방법원부천지원 2014.05.20 2012가합10002