2013 Gohap7540 Service charges

A

Hansung Construction Corporation

August 29, 2014

September 26, 2014

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 1,00,000 won with 6% per annum from January 4, 2012 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

1. Basic facts

A. On December 8, 2010, the Defendant entered into a contract on the transfer and acquisition of business rights to the land in relation to the joint housing construction project in Suwon-si B in Suwon-si (hereinafter “instant project”) with the Sungamam General Construction Co., Ltd. (hereinafter “Maam General Construction”).

B. On July 13, 2011, the Plaintiff and the Defendant concluded a real estate consulting service contract with the following contents (hereinafter “instant contract”).

Article 1 Title and Contents of Contract 1. Title and Contents of Contract: Contents of Contract B: District Housing Association B in Suwon-si, District Housing Association 2. Contents of Real Estate Consulting : Real Estate Consulting Services 2. The remuneration and consulting services 1.5 billion won for the affairs of Real Estate Consulting Services 2. (Additional Value-Added Tax). (2) The defendant shall pay to the plaintiff the price under the following conditions: 1.0 billion won after the approval for the establishment of the Association: 1.5 billion won after the sale by the second association

C. The regional housing association obtained authorization from Suwon on January 3, 2012.

[Grounds for recognition] The written evidence Nos. 3, 4, and 5 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff's assertion

The Plaintiff arranged the Defendant to take over all the business rights of the land relating to the instant project from the Sungam General Construction, and agreed with the Defendant to receive remuneration from the Defendant, and the Plaintiff’s brokerage term entered into the said transfer and acquisition agreement with the Defendant. Thereafter, the Plaintiff and the Defendant around July 13, 2011 to specify the said agreement.

Therefore, the Plaintiff entered into the instant contract. Therefore, the Plaintiff may be deemed to have performed all the services under the instant contract. Since the Defendant, after the establishment of the C Regional Housing Association, pays to the Plaintiff the amount of KRW 1 billion, which is part of the above agreed fees, the Plaintiff sought payment of KRW 2.5 billion, which is part of the above agreed fees, to the Defendant.

B. Determination

In light of the above transfer/acquisition agreement, the time of conclusion of the contract of this case, and the contents of the contract of this case, etc., the statement of Gap evidence Nos. 2 through 6 alone is insufficient to recognize that mediating by the plaintiff in order for the defendant to acquire all business rights of the land related to the business of this case from Maamam comprehensive Construction constitutes the plaintiff's service under the contract of this case, or that the defendant acquired all business rights of the land related to the business of this case from Maam comprehensive Construction as a broker of the plaintiff, and there is no other evidence to prove otherwise. In addition, the above evidence alone is insufficient to recognize that the plaintiff was performing the business of this case under the contract of this case,

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Justices Kim Jong-soo

Judges Hwang Sung-sung

Justices Kim Jae-su