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(영문) 부산지방법원 2016.01.27 2015가합46143
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff related to the plaintiff is a legal entity that engages in real estate trade, lease business, etc., and the defendant is a legal entity that engages in the business of building, planning, sale of housing, etc., and the defendant is a legal entity that engages in 26 households (1601, 1603, 1701, 1702, 1704, 1801, 1901, 2001, 2001, 2004, 2101, 2104, 2201, 2203, 2301, 2304, 2401, 2503, 2603, 2701, 2702, 2703, 2801, 2901, 2902, 301, 3002, 302, 3002, 300).

B. On July 31, 2014, the Plaintiff entered into a purchase-type sales agency contract with the Defendant to enter into a purchase-type sales agency contract on the instant real estate (hereinafter “instant contract”). The key contents are as follows.

A: The term "sale agency business" under Article 2 (1) of the plaintiff 2 (Definitions) refers to the case where the purchaser of the parcel out is fully paid the price of the parcel out and the registration of transfer of the parcel outr is completed by the purchaser of the parcel outr.

(2) In carrying out the sales agency business, "the real estate of this case may be sold in lots by increasing the discount price for each household of this case, and the increased amount shall be regarded as sales agency fee including the value-added tax of Eul.

Article 3 (Effect of Contract, Performance Bond, Payment Method of Company Deposit) (1) The effect of this contract shall enter into force at the same time with payment of KRW 250 million to the account under the name of B below.

② From the discount sale price of the instant real estate, the remaining KRW 1.22,325 million, excluding KRW 250,000,000,000,000 for the contract deposit, out of the company input amount of KRW 1.477,325 million, excluding the loans from the company financial institutions, shall be paid to A by September 15, 2014.

(4) If the terms and conditions of the agreement stipulated in this contract are not fulfilled within the prescribed period, Eul shall be confiscated and reverted to Gap, and the sales agency fees incurred by transfer of ownership until September 15, 2014 shall be charged.

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