logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.12.11 2014나13251
분양대행 수수료
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the payment of the sales agency fee in the principal lawsuit, and the Defendant filed a claim for damages or return of unjust enrichment in relation to the sale of the same commercial building as a counterclaim. The court of first instance accepted the Plaintiff’s claim only in the principal lawsuit, and dismissed the Defendant’s counterclaim.

The defendant raised an appeal against only the part concerning the plaintiff's main lawsuit, which is subject to the judgment of this court is limited to the part concerning the plaintiff's main lawsuit.

2. Basic facts

A. On March 16, 2010, May 12, 2010, May 25, 2010, and May 25, 2010, in the Namyang City, Co., Ltd. I (hereinafter “I”) entered into a joint agreement on the implementation of the joint project with respect to the regional living facilities D, E, F, and G construction of commercial buildings in the housing site development area and the sales project (hereinafter “instant project”). The main contents of the agreement are as follows.

Article 2 (Definition of Joint Implementation) (1) Each member of the Cooperative shall be entitled to become a partner by investing in kind the land for livelihood countermeasures in kind, and I shall procure the land price, construction cost, and other funds required for the promotion of the project in this project site through the FinancialPF, etc., and on condition that the Cooperative and I shall bear the same, have the status as a joint executor.

Article 4 (Sharing of Duties between Cooperative and I) In order to achieve the objectives of the Project, cooperatives and I shall share and cooperate in their duties as provided for in the following subparagraphs:

(2) The I's duties are as follows:

1. Support for operating expenses of cooperatives;

2. Raising business funds;

3. Establishment of SPC corporations, PF and management trust business;

4. A contractor, design, supervisor, advertising agent, sales agent, trust, financial institution, legal affairs, accounting adviser, and MF service provider; and

arrow