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(영문) 서울중앙지방법원 2017.03.10 2016나69750
위약금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. Basic facts

A. (i) On November 30, 2007, the Defendant entered into a land trust agreement with the co-defendant B of the first instance trial, and with the purport of being entrusted with the construction and sale of the E building on the land of Seongbuk-gu Seoul (hereinafter “instant building”) on the land of Seongbuk-gu Seoul.

B. On July 8, 2009, the Defendant entered into a sales agency contract with B (including subscription, lease, sale in lots, and business incidental thereto) on behalf of B (J) to sell the building in this case.

(hereinafter “instant sales agency contract”). K is a person in charge of the sales and lease of the instant building in J, and thereafter, as L’s representative director, it collected the management fee of the instant building.

Article 22(1) of the Civil Act provides that registration of initial ownership was made in the name of the defendant on June 30, 2010, when the building was newly constructed around 2010.

Applicant Meanwhile, the Defendant terminated the instant sales agency contract with B on September 9, 2011, and entered into a sales agency contract with Chohod Co., Ltd. on the same day.

B. On July 27, 2010, before the conclusion of the instant lease agreement and the instant special agreement (i.e., the Defendant and B entered into a lease agreement with C on July 27, 2010, under which the Defendant and B jointly leased the Defendant and B, and the first floor of the instant building (hereinafter “instant store”) were leased deposit KRW 20 million, monthly rent of KRW 1.2 million, and type of business brokerage (real estate).

(hereinafter referred to as “the instant lease agreement”). The sale and lease of a brokerage office (real estate business) shall be limited to one shop among the entire commercial buildings in the column of the Special Agreement on Doz. The sale and lease of the instant lease contract.

(b) To compensate three times as a penalty for breach of a rental deposit.

The term "the special agreement of this case" is written as the content of "the special agreement of this case".

There is a seal of B and C on the side of the contents.

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