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(영문) 서울고등법원 2014.11.21 2014나2015338
분양대행수수료 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) part of Article 2(3) of the reasoning of the judgment of the court of first instance (Articles 2(3) and 2(5) of the judgment of the court of first instance (Articles 5 and 6(3) of the judgment of the court of first instance) is the same as that of the judgment of the court of first instance, except for cases where the reasoning of the judgment of the court of first instance is changed as

2. The remaining parts of the judgment of the court of first instance [Article 2(3) of the Reasons for the judgment of the court of first instance] further, the following facts are acknowledged by comprehensively taking into account the facts recognized as well as the overall purport of arguments as seen above in the basic facts, namely, ① entering into the modified contract of this case after entering into the contract of this case, stating that "where the plaintiff fails to sell more than five households within three months, the defendant may terminate the contract of this case" under the proviso of Article 2(1). ② The plaintiff's sale, such as selling only one household within three months after the modified contract of this case, is low, and the defendant can terminate the contract of this case under the condition that the contract of this case can be terminated. ③ The defendant promoted the sale of this case as a package sale from around September 2012 to the plaintiff, notwithstanding the fact that the plaintiff was well aware of these circumstances, the plaintiff did not raise any objection against the defendant's promotion of the package sale of this case as a package sale contract of this case, ④ the plaintiff's sale of this case's 10% of the unit sale.

At present, Ein companies have become the main agents, the total sale with the development of the Cind Industry, is us.

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