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(영문) 서울중앙지방법원 2018.06.28 2017가합526744
분양대행수수료 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 252,859,200 against the Plaintiff (Counterclaim Defendant) and its amount from August 12, 2016 to June 7, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant (formerly: D Co., Ltd.) promoted a business (hereinafter “instant business”) that constructs and sells a 4th underground floor and a studio 14th floor above ground and a building for neighborhood living facilities (hereinafter “instant building”) on seven lots, such as Suwon-si E, Suwon-si, 244.1 square meters, on the ground of 1,865 square meters above, and entered into a sales agency contract (hereinafter “instant sales agency contract”) with the Plaintiff on March 3, 2016 for the instant business.

The sales agency contract of this case: The name of the goods marked by the plaintiff A: F (the name of the business shall be changed later): The area of the site located in Suwon-si E, G, H, I, J, K, and L Total seven lots: 1,865m2m2 (564mm) building area in Suwon-si: The total size of the living facilities located in the area of the site: the 4th underground floor and the 14th above ground (the scope and conditions of the sales business).

1. A shall grant to B exclusive services for sales of the above indicated real estate (including prior services for sales and recruitment of prospective buyers prior to approval for sales).

2. The receipt and management of the sale price and subscription price shall be under the responsibility of the Party A; and

3. Objects of sale shall be all of the objects subject to sale indicated above;

4. He shall carry out the work under the responsibility of B, under the direction of B, to prevent any legal problem concerning the business; and

5. A shall create and maintain an environment for business activities so that B may conduct the normal execution procedures, such as authorization, permission, and approval for parcelling-out of this project, in order for B to conduct pre-sale solicitation business and parcelling-out activities.

Article 3 (Preparation of Sales Contracts and Management of Deposits)

1. The preparation of sales contracts, conditional sales agreements, subscription forms, etc. shall be conducted in accordance with the form designated and printed by A at a place designated by A, and B shall not receive any direct or indirect money, such as revenue and expenditure, and B shall not become a party to the contract;

2. Sale in lots and.

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