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(영문) 대전지방법원천안지원 2020.05.29 2019가합101321
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On September 11, 2017, the Plaintiff entered into a contract with the Defendant for vicarious sales of responsibility (hereinafter “instant service contract”) on some of the 43 rooms of the 1st apartment complex in the B apartment complex sold by the Defendant and part of the 2nd complex 42 room (hereinafter “instant shopping complex”). The main contents are as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to facilitate the sale by proxy (general purchase terms) and contract of the commercial buildings in this case.

Article 2 (Period of Sales Agency and Sales Price)

1. The period of sales agency for the plaintiff shall be from the date of concluding the contract to the expiration date of the designation period of occupancy of the commercial building;

2. The sale price to be paid by the Plaintiff to the Defendant during the period of the sale agency shall be 8,283,793,362,000,000,000 won (including the amount of 8,283, 793, 362).

3. The plaintiff's sales price for each unit of housing by the amount agreed between the defendant and the plaintiff

B. More than the scheduled sale price in general) and the number of buyers is to be sold in lots until the end of the contract stipulated in paragraph (1). 5. The Plaintiff, after the commencement of the sale in lots, decided to purchase the unsold goods in lots in the name of the Plaintiff from the expiration date of the designation of occupancy in lots, and the Plaintiff shall pay the proceeds from the sale in lots to the commercial building sales account. (b) Upon consultation with the Defendant, the Plaintiff issued a public announcement of sale in lots at each relevant amount indicated in the (public notice of invitation) sale price column in the attached table of loss in the attached table of the sale in lots. (c) On June 18, 2018, the Plaintiff purchased 17 commercial buildings listed in the attached table of the sale in this case from the Defendant as indicated in the purchase price column of the same table, and thereafter, the Plaintiff sold the said 17 commercial buildings in lots to each corresponding amount indicated in the column of the purchase price column of the same table of the same Table.

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