(영문) 서울고등법원 2020.01.09 2018나2074939

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(영문) 서울고등법원 2020.01.09 2018나2074939

수수료지급

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1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The plaintiffs are those who are engaged in the sales agency business of the neighborhood living facilities scheduled to be newly built in the Gyeonggi E block (hereinafter referred to as “instant facilities”), and the defendant is the operator of the instant business.

B. The Plaintiffs, who entered into a sales contract and a pre-sale contract, are as follows from April 2017.

The pre-sale contract was arranged for each heading room listed in the table of paragraph (hereinafter referred to as "heading room of this case").

The pre-sale buyers of each of the units of this case (hereinafter “pre-sale buyers”) shall prepare a written promise of sale with the Defendant on July 21, 2017, and C.

The down payment amount equivalent to 10% of each value of supply in the table of paragraph was paid to the defendant.

C. In the event that the conclusion of a fixed contract was delayed despite the preparation of a letter of commitment to sell, the Plaintiffs, around January 26, 2018, drafted a letter of commitment containing the following contents with the Defendant:

(hereinafter referred to as “each undertaking of this case,” and a brief statement of confirmation

1. The number of pre-contract units of the instant facility is determined as follows (VAT. Do) and the sales employees (including real estateMM) fees related to the issuance of the pre-contract after the approval for sale shall be paid on the following terms:

A person who signed the instant undertaking with respect to No. 357,510,00 Jho Lake 323,490,00 Khoho 684,256,000 Lhoho 557,327,681,000 Mho 752,681,000 Nho 317,150,000 P, is Nonparty Q and Plaintiff C, and A.

583,866,00 with respect to the sales contract for each of the units of this case, the payment of service fees to the defendant and the business operators (including licensed real estate agents related to the contract for the units of this case) shall be promised as follows:

- - Future -

(a) By April 30, 2018, a fixed contract shall be issued.

(b) to pay in accordance with the payment schedule of the agreed fee rate with the lender after the issuance of the fixed contract;

2. The foregoing.

유사 판례

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