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(영문) 부산지방법원 2016.12.15 2015가합47641
수수료반환등 청구의소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 103,423,240 to the Plaintiff (Counterclaim Defendant) and its related amount from October 6, 2015 to December 15, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. On February 13, 2015, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) (hereinafter “Korea Land Trust”) conducted a public auction with respect to the 69 household units of the Gyeonggi-gun Housing Co., Ltd. (hereinafter “instant apartment”) and the 1 of the neighborhood living facilities (hereinafter “instant commercial buildings”) owned by the Korea Land Trust, and the instant apartment and the instant commercial buildings were combined with the instant commercial buildings, and the Defendant was selected as the purchaser on the same day.

On February 25, 2015, the Defendant concluded a sales contract with the Korea Land Trust on the instant real estate, and agreed to pay the balance of the instant real estate sold to the Korea Land Trust by May 26, 2015.

Article 1 (Conditions for Sale in Lots) of the contract for sale in lots shall be the plaintiff's agency, but even during the period of sale in lots, the defendant (including the person designated by the defendant or the defendant) may sell the real estate in lots in accordance with the defendant's decision. Accordingly, the plaintiff shall not raise an objection.

At this time, the plaintiff may not claim the sales agency fee for the goods sold by the defendant or the defendant designated.

Article 3 [Period of Sales Agency (hereinafter referred to as "period of sales agency of this case")

[1] The period of sale by proxy is from the date when the contract for sale by lots was concluded to May 23, 2015, and may be extended with the consent of the defendant.

② The Plaintiff shall enter into a sales contract with 100% within the period of sales agency and pay the balance in full.

Article 4 [Fees for Sale by Units (hereinafter referred to as “instant sales commission”)

[1] The sales agency fee is to pay 6 million won per household (excluding additional tax) and is to pay 4 million won per household at the time when Article 3 has been fulfilled. In addition, the sales agency fee is to pay 6 million won per household (excluding additional tax).

② In the event that the Plaintiff has completed the implementation of Article 3, 30 million won shall be additionally paid for the public relations expenses.

§ 6.

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