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(영문) 수원지방법원 2015.01.09 2013가합24828
분양이행대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Article 2 (Scope of Plaintiff’s Main Business) (3) The Plaintiff is prohibited from transferring the rights under the instant contract to a third party.

Article 4 (Methods for Payment of Sale Price and Sale Price) (1) The sale price per household of the apartment of this case shall be the amount approved for the final sale price for the apartment of this case.

④ The Plaintiff shall have the buyer deposit the sales price into the Defendant’s account.

Article 5 (Appraisal Fees and Sales Agency Fees) (1) The Plaintiff shall deposit 150,000,000 won as sales agency by August 18, 201 to the account designated by the Defendant.

(4) Upon termination of a contract, the defendant shall settle accounts through B and refund the remaining amount of the sales agency payment to the plaintiff.

Article 7 (Cancellation and Termination of Contract) (1) In any of the following cases, the defendant may request the plaintiff to cancel or terminate the contract of this case:

1. In the event that the Plaintiff violated the instant contract or the Plaintiff has seriously damaged the Defendant’s external credibility or inflicted damage on the Defendant, Article 8 (Methods and Conditions of Payment of Sales Commissions) (1) Sale agency fees shall be KRW 3,000,000 per household for existing tenants (excluding value-added tax) and KRW 5,00,000 per household for other general sales (excluding value-added tax).

② After the settlement of accounts in B, the Defendant shall pay the Plaintiff the sales agency fee (50% of the total fee when receiving the intermediate payment and the remainder 50% of the total fee when completing the registration after the approval for the loan).

Article 15 (Other Matters) (4) The validity of the instant contract shall accrue from the time when the Plaintiff paid KRW 150,000,000 to B as sales agency.

On August 11, 2011, the Plaintiff and the Defendant Company B (hereinafter “B”) vicariously sell the F apartment located in the Gyeonggi-gun C, D, and E site (hereinafter “instant apartment”) through the selection of top priority buyers, tenant complaints, etc. through the approval of the pre-sale project and the on-site transfer inspection.

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