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(영문) 서울고등법원 2019.07.24 2019나2015791
분양대행 수수료 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation on this part is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

In the second part of the judgment of the court of first instance, " was concluded" was concluded during the 16th part of the judgment of the court of first instance, and the special agreement on the payment of incentives for selling fees was additionally concluded on October 18, 2017 (hereinafter "the special agreement of this case").

On the second part of the judgment of the court of first instance, the term "matters of the special agreement related thereto (hereinafter "the special agreement of this case")" in the 17 and 18th part of the judgment of the court of first instance shall be read as "matters of this case".

The following details shall be added between the fourth and sixth categories of the first instance judgment.

Article 7 (Succession to Service Contracts, etc.) (1) The truster shall submit to the trustee all kinds of contracts and services contracts that have already been concluded, documents on contracts, details of funds executed under the contract, and the estimated amount to be executed in the future, and consult and cooperate so that the trustee may succeed to the contract.

(2) After concluding a trust contract, the trustee shall appoint the service company in accordance with the internal regulations and procedures of the trustee and shall conclude a contract for succession.

Provided, That where a trustee receives a request for the conclusion of a succession contract from a truster, he/she may enter into a succession contract only where the trustee deems that it conforms to the internal regulations of the trustee, and in such cases, he/she may enter

(3) The settlement of an existing service contract that has not been succeeded to shall be the responsibility of a truster.

In accordance with the attached Table 5 of the judgment of the first instance court of "the occurrence" shall be referred to as "issuance".

Part 5 of the judgment of the court of first instance shall be subject to the second through third in the attached table as follows.

The plaintiff was within three months from January 2, 2018.

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