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(영문) 의정부지방법원고양지원 2016.08.31 2014가합9137
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2012, Defendant A Co., Ltd. (hereinafter “Defendant A”) purchased and completed the registration of ownership transfer by the 11th floor Dwork on the 2nd floor above the 2nd floor above the 3rd and the 2nd floor above the 3rd and the 2nd floor above (hereinafter “instant building”). The registration of ownership transfer is completed in the future of Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”).

Defendant International Asset Trust concluded a management-type land trust agreement on May 13, 2013 between Defendant A and the management-type land trust agreement on September 25, 2014, and concluded a real estate security trust agreement and a fund management agent agreement on September 25, 2014 to preserve and manage the instant building.

On November 28, 2014, the registration of ownership transfer was completed on the ground of the attribution of trust property in the Defendant A from the International Asset Trust on November 28, 2014, and on the same day, the registration of ownership transfer was completed on November 7, 2014 in the name of the Cteteteteteex Co., Ltd. (hereinafter “Cteteteteex”).

B. On July 12, 2014, the Plaintiff concluded a sales agency contract for the instant building (hereinafter “instant sales agency contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), a sales agency for the instant building, which was entrusted by Defendant A with the sales agency for the instant building (hereinafter “Defendant B”). Nos. 11 B and 11 appears to have documented ex post facto the delegation relationship between the said Defendants) as to the sales agency for the instant building.

Article 1 (General Provisions) In selling neighborhood living facilities and sales facilities by Defendant B, this contract shall delegate its duties to the Plaintiff, and the Plaintiff shall perform the duties delegated by Defendant B in good faith and sincerity, and shall determine the matters pursuant to the contract.

Article 2 (Period of Sales by Proxy)

A. It shall not exceed three months from the date of receipt of the written notification by Defendant B;

Article 5 (Methods of Sale in Lots)

A. All the powers pertaining to the sale of an object are against Defendant B, and the Plaintiff.

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