(영문) 부산지방법원 2017.05.11 2016가합43943

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(영문) 부산지방법원 2017.05.11 2016가합43943

용역비

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that performs the sales agency business and the real estate service agency business, and the Defendant (formerly named B Housing Association) is a housing association that obtained authorization for the establishment on March 18, 2016 with the business area of Busan Dong-gu C as its business area.

B. Around December 2014, the Plaintiff entered into a land service contract with the Defendant (in the status of the promotion committee prior to the authorization of the establishment of the housing association) to purchase real estate (hereinafter “real estate subject to the instant project”) within the said project area (hereinafter “instant service contract”), and the main contents thereof are as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to conclude a land sales contract for the real estate subject to the instant project in the name of Party A for the newly constructed project of Party A (Defendant) and to promote the transfer of ownership in accordance with the implementation schedule.

Article 3 (Period for Vicarious Execution of Business)

1. The period of completion of a contract for the purchase and sale of real estate equivalent to 85% of the purchase area of the real estate subject to the instant project is within 60 days from the date of the contract

2. The period for completing the conclusion of a real estate sales contract for the area of 15%, excluding the area for the conclusion of the above paragraph (1) shall be within three months from the date of the contract;

3. The service period may be extended in consultation with the Plaintiff A.

Article 5 (Method of Vicarious Execution Expenses and Payment thereof)

1. The agency expenses following the completion of this contract shall be paid at 2% of the purchase amount;

(hereinafter “Agreement agency expenses”). 2. The method and time of payment of agency expenses shall be paid twice a month in consultation with A and B.

Article 6 (Termination of Contract and Compensation for Damages)

2. Where it is impracticable to complete the agency business within the period of the agency business under Article 3, Eul shall immediately deliver a sales contract which has concluded the contract to Gap, and the agency business expenses under Article 5 shall be waived.

3. “A” and “B” shall constitute this part.

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