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(영문) 서울중앙지방법원 2020.01.22 2018가합544046
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On May 25, 2016, the Defendant is an association established for the business of constructing a regional apartment housing association (hereinafter “instant apartment”) on the ground of the land, such as Busan Metropolitan City, D, etc. (hereinafter “instant apartment”) (hereinafter “E”). 2) The E Co., Ltd. (hereinafter “E”) is an agent entrusted with the instant business affairs by the Defendant, and the F Co., Ltd. (hereinafter “F”) is a sales agent entrusted with the business affairs related to the instant apartment, and the Plaintiff is the sales agent for the instant apartment. The Plaintiff is the sales agent for the instant apartment.

B. Around March 26, 2015, the Plaintiff and the contracting parties at the time of the Plaintiff and the Defendant entered into a contract as “C Regional Housing Association Promotion Committee” (the Defendant Promotion Committee), but there is no dispute between the parties as to the fact that both the rights and obligations related to the business performed by the Defendant Promotion Committee have been comprehensively comprehensively succeeded to the Defendant. As to the new construction and the sale of the instant apartment, a contract for the recruitment of association members and the sale on behalf of the Plaintiff (the certificate of No. 3; hereinafter “instant sales on behalf of the Plaintiff”) with the following contents as to the new construction and the sale on behalf of the Plaintiff was prepared. It is limited to the instant apartment sales on behalf of the Defendant, etc. and the brokerage and mediation of the sale on behalf of the Plaintiff, which is determined by the Defendant, etc. (the scope of the agency) and requested by the Plaintiff. Article 5 (Prohibition of Deposit and Time of Return)1) of the Plaintiff’s association members and the sale on behalf of the Defendant to pay KRW 600 million to the Defendant’s account designated in cash at the same time.

2) The Defendant, etc. shall return KRW 600 million to the Plaintiff within 10 days of the achievement of 50% of the recruitment of union members and the recruitment of union members by proxy from the Plaintiff. Article 6 (Period for the recruitment of union members and the vicarious recruitment of union members and the vicarious execution of sale of union members shall be from the contract date

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