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(영문) 부산고등법원 2018.11.14 2018나50348
분양수수료 등
Text

1. Claim Nos. 1 and 2 of the judgment of the court of first instance, including a claim expanded or added by this court, is as follows.

Reasons

. (15,00,00) 115, 204, 108, 403, 112, 112, 4104, 108, 104, 108, 1204 (III-1), 102, 1102, 1105, 110, 802, 804, 305, 105, 105, 102, 305, 104, 105, 1305, 1601, 206, 301, 304, 301, 206, 101, 708, 706, 109, 101, 204, 301, 304, 1614, 205, 1614, 206, 165

IV. The agreed amount payable (216,00,000 won) 102, 703, 102, 903, 102, 904, 108, 604, 108, 703, 108, 704, 108, 108, 803, 108, 904, 108, 104, 114, 703, 114, 803, 114, 903, 114, 903, 114, 114, 904, 104, 104, 108, 104, 108, 404, 108, 108, 308, 308, 308, 108, 108, 403, 108.

(Year 6th day of the first instance judgment). * The Plaintiff claimed KRW 12 million in relation to 108 Dong 404 in this part, but the first instance judgment did not explicitly determine this.

(However, since this part of the claim amount of KRW 216,00,000 was entirely dismissed, it seems that the claim for the sales commission related to 108 Dong 404 was also dismissed) * The plaintiff excluded the part of the sales commission related to 108 Dong 404 from the scope of appeal through the preparatory document dated September 5, 2018.

The plaintiff and the defendant are found to have no judgment of the first instance court (IV-3) as they were added at the trial of heading 102, 1804, 108, 108, 3803, 109, 2406, 1111, 1111, 114, 4503, 101, 103, 102, 204, 102, 102, 2204, 108, 1904, 108, and 1904, and there is no judgment of the first instance court (IV-3).

6. From 30 to 30.6 months, the Plaintiff is responsible for the promotion of occupancy and re-sale of 573 households, which have not been sold or have been sold in the instant apartment.

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