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(영문) 대전지방법원 2016.12.22 2016가합1261
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed facts

A. The Plaintiff’s educational foundation A (hereinafter “Plaintiff’s educational institute”) operates D University, and is a school foundation that runs higher education business, and the Defendant is a company with the purpose of real estate consulting and advisory service business.

B. On May 13, 2014, the Plaintiff’s private teaching institute and the Defendant agreed to sell the land (hereinafter “instant real estate”) and all the above-ground buildings (hereinafter “instant land”) owned by the Plaintiff’s private teaching institute together with the instant land, and the Defendant bears the expenses incurred in selling the instant real estate, and the Plaintiff’s private teaching institute and the Plaintiff’s private teaching institute enter into a sales contract with the purchaser upon the Defendant’s confirmation of the purchaser and submission of the intent to purchase to the Plaintiff’s private teaching institute, and the Plaintiff’s private teaching institute pays 3% of the sales price to the Defendant at the consulting cost. The instant business agreement (hereinafter “the instant business agreement”).

C. On September 2, 2014, the Defendant filed an application for deliberation on new construction of an officetel on the instant land (hereinafter “instant deliberation”) and received conditional resolution from the Building Committee.

Plaintiff

On September 17, 2014, a driving school requested the Minister of Education to approve the sale of the instant real estate, and obtained permission from the Minister of Education on February 26, 2015.

E. On August 19, 2015, the Plaintiff’s private teaching institute sold the instant real estate to 48,121,316,400 won (including value-added tax) for the sale of the instant real estate on the date of entering into a contract, whereas the down payment of KRW 4,812,131,640 was paid on the date of entering into a contract, and the remainder of KRW 43,309,184,760 was paid until February 16, 2016 (hereinafter “instant sales contract”).

F. On October 13, 2015, the Plaintiff’s private teaching institute concluded the instant sales contract with the Plaintiff’s private teaching institute in accordance with the instant Work Agreement.

Therefore, the Plaintiff’s private teaching institute intends to deliberate the instant case by October 16, 2015, among the service charges of KRW 1,551,330,00, which shall be paid to the Defendant in accordance with the instant work agreement.

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