(영문) 서울중앙지방법원 2016.08.17 2015가단5333366

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.08.17 2015가단5333366

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 134,520,000 and the interest rate of KRW 15% per annum from November 7, 2015 to the date of full payment.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “Non-Party Company”) entered into a contract on behalf of the Defendant for the sale of condominiums to be constructed in the wife population C, and the Defendant entered into a sales agency contract with the Plaintiff on July 1, 2015 with respect to the sale of condominiums:

Article 1 (Business Affairs and Objects) The defendant shall supply D to the plaintiff, and the plaintiff shall be supplied with it and conduct separate sales affairs.

Article 2 (Calculation of Sales Objectives and Fees)

1. To sell at least three households monthly and to sell at least ten households quarterly;

- Not more than three households quarterly: 6% of the selling price at the time of sale

3. The time to pay fees shall not exceed 14 days after the payment of balance by the seller and shall be paid after the settlement with the manager.

B. On June 27, 2015, the Plaintiff concluded a sales contract with E, F, and sales price of KRW 265,00,000 for D condominium 103, respectively, on July 5, 2015, with respect to the foregoing condominium 1 and 403, KRW 306,00,000 for G, H, and sales price of KRW 306,00,000 for each of the above condominium 1 and 403, and on August 6, 2015, with respect to the foregoing condominium 26 and 101, respectively.

C. I and J, who purchased the above condominium 26 101, paid all remainder on the agreed payment date and received the registration of ownership transfer on the above condominium, but sold E, F and 1.403, which purchased the above condominium 103, G which purchased the above condominium 103, and H, at the time of the sales contract, did not execute a promise by the non-party company to receive the loan from the bank, and it is difficult to receive the registration of ownership transfer on the grounds that the provisional attachment is completed by a third party, etc., they demand the return of the down payment already paid to the non-party company and demand the termination of the sales contract.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 through 9 (including each number), and the purport of the whole pleadings

2. The facts acknowledged prior to the determination of the cause of the claim.

유사 판례

-서울남부지방법원 2019.10.18 2019나50418

-대법원 1998. 3. 10. 선고 97다20403 판결

-서울중앙지방법원 2019.10.02 2019고단2716

-대법원 1999. 6. 8. 선고 97다30028 판결

-서울중앙지방법원 2015.01.20 2014나52536