(영문) 수원지방법원안산지원 2017.08.18 2016가단14843

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(영문) 수원지방법원안산지원 2017.08.18 2016가단14843

편취금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the overall purport of evidence Nos. 1 and 4, the Plaintiff and the Defendant, on June 26, 2006, prepared a letter of delegation for the sale of apartment buildings by proxy (hereinafter “instant letter of delegation”) with the following contents, and the Plaintiff paid KRW 200 million to the Defendant around that time.

[Report of delegation of apartment commercial building sales agency] Article 1 (Real Estate Details): The number of households in blank: approximately 1,800 households' sales proceeds of the building (sale proceeds) shall be discussed later, and taxes and public charges, including value-added tax, shall be borne by the buyer.

Article 3 (Methods of Payment of Price) A separate special agreement of value-added tax of 2.250,000 won in total within 2.2 billion won from the date of designation of the remainder of the second rent in consultation with the first rent at the time of delegation of 200,000 won.

1. The commencement date of the sale of commercial buildings shall be the date of commencement of the apartment project after the lawsuit on the building site is terminated;

2. Sales agency for apartments shall be delegated to “B (Plaintiff)”.

3. The letter of delegation for the sale of apartment units shall be converted to the contract from the opening date of the implementation work.

4. The sale of commercial buildings in lots shall be a site first implemented;

5. No disclosure shall be made to a third party until the commencement date of projects;

6. One year shall be each year for authorization and permission.

2. The parties' assertion

A. According to the Plaintiff’s assertion of this case’s delegation, the Plaintiff and the Defendant, on the premise that the Defendant will conduct the future apartment project, delegated the Plaintiff’s authority to vicariously sell the apartment complex 1,800 households, and the Plaintiff paid 2,260,000 won to the Defendant, and agreed that the Plaintiff start the sales business for the said commercial buildings within one year from the date on which the instant delegation was made.

However, the defendant did not commence the above apartment project until now, and it did not secure the building site for the project scheduled to implement the apartment project, and the defendant according to the letter of delegation in this case.

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