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(영문) 서울고등법원 2016.05.20 2013나32880
분양대행수수료 등
Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3. The plaintiff and the defendant.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Defendant is the executor of the D Main Complex Redevelopment Project (hereinafter “instant project”) located in the Seoul Special Metropolitan City, Nowon-gu and three lots of land.

(2) The Plaintiff is a corporation for the purpose of a sales agency business, etc., and is a sales agent who directly takes charge of sales of commercial buildings among the above D main apartment complexes (hereinafter “instant commercial buildings”) after concluding a sales agency contract with the Defendant.

B. The Defendant started the instant project from March 2005, and around August 14, 2007, entered into a construction contract for a D main apartment with the A&A Co., Ltd. (hereinafter “A&A”) and agreed to sell all proceeds, such as the purchase price claim for the city event, in the A&A’s construction work, at the time of settlement, and distribute profits at the time of settlement, and sell apartment and commercial buildings in lots, at the time of settlement, at least KRW 11 million, and at the time of apartment and commercial buildings, at least KRW 5:5.

(2) On August 25, 2007, the Defendant obtained the payment guarantee of L&C, and obtained the instant project site from the National Bank as collateral, and started construction work from November 2007 after obtaining a loan of 25 billion won from the National Bank by project financing method.

D is a main complex apartment with the size of the 13th and the 3rd underground floor, and apartment and the 1st and the 1st underground floor with the 13th and the 1st and the 1st underground floor, and apartment parts have been sold to the first and second patrolmen in 2008.

(3) On April 30, 2008, the Defendant entered into a modified contract on the above construction contract with A&W container. The part of the commercial building is sold by the Defendant. The part of the commercial building is sold in lots by the Defendant, the part of the commercial building is at least KRW 10 million per square, the part of the commercial building is at least KRW 5 million per square, and the part of the commercial building is at least KRW 5 million per square, and profits from the sale in lots are at least KRW 2.75 million, and instead, the construction price is at KRW 2.75 million.

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