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(영문) 전주지방법원 2017.05.24 2016가단8000
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of real estate-related agency business, etc., and the Defendant is a regional housing association established for the purpose of constructing the main apartment complex C above ground (hereinafter “instant apartment”) in Ysan-gu, Jeonju-si (hereinafter “instant apartment”).

B. 1) The Defendant entered into the instant service contract on July 7, 201, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”)

(2) Until November 2, 2014, the Korea Land Trust and the Korea Land Trust entered into a management service contract with the content that the business management affairs, construction management affairs, and fund management affairs related to the instant project, and the Defendant shall pay 3 billion won (excluding value-added tax) in remuneration to the Korea Land Trust and the Korea Land Trust. (2) On July 7, 2011, the Korea Land Trust and the Plaintiff, by November 2, 201, perform the business management affairs among the above management affairs, and the Korea Land Trust and the Korea Land Trust shall pay 1.54 billion won (including value-added tax) with remuneration to the Plaintiff (hereinafter “instant service contract”).

C. 1) The Defendant entered into the instant sales agency contract on January 31, 2012 (hereinafter “D”)

A) From among the apartment buildings in this case, a sales agency agreement between D and D provides sales agency services for commercial buildings, and the defendant shall enter into a sales agency agreement between D and D to pay D the sales price in excess of the total amount of the standard sales price of the association based on sales agency fees (hereinafter “instant sales agency agreement”).

(2) At the time of the above parcelling-out agency contract, the Defendant and D concluded a contract: (1) At the time of the above parcelling-out agency contract, the Defendant prepared the subscription and sales contract in the presence of the City Corporation; (2) D cannot receive all the sales proceeds including the subscription money; and (3) the buyer decided to deposit the sales proceeds into the bank account in the name of the trust company

3 The D shall be from the buyer in violation of the contract of sale by proxy of this case.

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