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(영문) 서울고등법원 2017.08.17 2015나21129
분양대행수수료 등
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the amount extinguished by a set-off by the Defendant.

Reasons

A. After the expiration of December 31, 2006, the sales agency for the instant commercial buildings continued to perform the sales agency business.

On November 1, 2010, the Defendant concluded a sales agency agreement with the following contents for the sales of the remainder of the commercial building in this case:

(hereinafter below, the lower limit of deposit stipulated in the second sale agency contract was adjusted lower than the minimum deposit amount of the first and second special agreements. The lower limit of deposit stipulated in the second sale agency contract was adjusted lower than the minimum deposit amount of the second sale contract.

On the other hand, G (the father of K representative) purchased 5 and 6 commercial buildings of this case from the defendant on October 6, 2005, and "F Co., Ltd. under the second sales agency contract" or "the outstanding amount of KRW 410 million" refers to the unpaid sales price of G.

For the sale of the remainder of the commercial building of this case, the defendant and the plaintiff agree as follows.

1. The defendant's total value of unsold houses (101-308) currently unsold in lots shall be 3.8 billion won, including E.

Provided, That the lower limit of each house shall be as follows:

(*The lower limit of deposit is omitted in the table.

2. The Plaintiff shall pay the Plaintiff, sales business personnel, and real estate fees at least 10-50% of the sales price for each room above the lower limit of the deposit by lots, and the remainder of the sales price shall be accumulated in the Defendant, above the payment of the fees.

3. When the plaintiff attains the contract term of 4.21 billion won (the purchase price of KRW 3.8 billion) within the contract period, the defendant shall pay the remaining price and reserve funds to the plaintiff as the sale commission, and the plaintiff shall pay the outstanding amount (the purchase price of KRW 410 million) of F Coin as the commission paid by the plaintiff to the plaintiff.

Not more than 10

4. This Agreement remains effective until October 31, 201, and when the sale of housing units is not completed by this deadline, the Plaintiff gives up the right to sell housing units unsold in lots after receiving the reserve of housing units sold in lots.

Provided, That the outstanding amount shall be paid by paying the accumulated fee on behalf of the Company, and the difference at the time of the occurrence of the difference in the outstanding amount shall be paid by October 31, 2012 in connection with F Coinna by October 31, 2012, and the unpaid amount shall be paid until the payment is completed.

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