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(영문) 대구지방법원 2018.03.09 2017가단108858
손해배상(기)
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. The Defendants built an officetel under the name of “E” and an urban-type residential housing (hereinafter “instant building”) (hereinafter “instant construction”) with substantial repair (renovation) of the existing building on the ground of Daegu Jung-gu D, Daegu-gu, and carried out development projects to sell it in the form of lease or sale (hereinafter “instant construction”).

B. On August 29, 2014, the Defendants and the Plaintiff concluded a sales agency service contract for the instant building (hereinafter “instant contract”) and the main contents are as follows.

Article 1 (Matters concerning Delegation and Execution of Parcelling-Out Rights)

1. The purpose of this Agreement is to: (a) to delegate the sale of housing units in Daegu Jung-gu D Urban Residential Housing, Officetels and neighborhood living facilities to “B” (the Defendant) by entrusting the sale of housing units to “B” (the Plaintiff); and (b) to complete the sale of housing units within the agreed period as a good faith and good faith (the payment of housing units is deemed to have been completed).

Article 2 (Matters to be Observed by “A” and “B” and Scope of their Duties)

1. The “B” shall sell the sale price, the method of payment, the timing of sale, etc. by the method designated by the “A”, and where the contract was concluded by the “B” at will or by any other means without consultation with the “B”, the contract shall become null and void and shall not be paid any fee, and all the relevant damages shall be the responsibility and expenses of the “B”.

2. The price for the application for parcelling-out, the down payment, the intermediate payment, the balance, etc. shall be managed by the person designated by the “A” or “A”, and the “B” may not directly receive all the sale price and the price related to the parcelling-out.

3. All the documents of sale business, such as the application for sale, receipts, and sales contract, shall be used in the form of “A” and shall be managed by “A”.

4. “B” cannot transfer to another person the rights and obligations of this Agreement without A’s approval.

7. B B prior to the commencement of the sale of buildings in units, the term “B” is for the staff to engage in the sale consultation.

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