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(영문) 대전지방법원 2020.01.15 2018가합106962
분양대행계약 유효 확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of real estate sales agency business, advertising agency business, etc., and the Defendant is a stock company established for the purpose of enforcement business, enforcement agency business, etc

B. On October 24, 2017, the Plaintiff entered into a contract with the Defendant, who is the implementer of the instant business (hereinafter referred to as the “instant business”) that newly constructs and sells the first basement underground floor in Jung-gu, Incheon, D, E, F, G, and H, business facilities of the first floor above ground (officetel), neighborhood living facilities, sports facilities, and sales facilities, and the first unit of sales facilities (hereinafter referred to as the “instant business,” and entered into a contract with the Plaintiff to provide sales agency services for the said business and to receive fees from the Defendant.

(1) On November 15, 2017, a special agreement was concluded to modify some of the provisions regarding the sales agency fees, and the said special agreement and the general term “instant service agreement” (hereinafter referred to as “instant service agreement”). The specific contents are as follows:

Article 3 (Matters to be Observed by Defendant and Costs to be Borne) (1) The Defendant shall implement the following subparagraphs so that the Plaintiff may carry out the sale activities effectively:

Establishment of a master plan for business (to gather the opinions of the plaintiff and the plaintiff's reasonable grounds);

(b) Determination or change of the terms and conditions of sale;

(c) Planning and management of objects for sale in lots;

(d) Affairs to support publicity (advertisement and promotion);

(e) Preparation and conclusion of contracts for sale;

(f) Lease, operation and maintenance of a model house for the establishment of a model house, operation and maintenance of a model house;

(g) Support for part payments and outstanding loans;

H. Consultation, approval, and management supervision of the Plaintiff’s business activities

Expenses for the installation and maintenance of a sales office and a public relations office (rents, interior, electricity, water supply, etc.) shall be borne by the defendant.

B. The costs associated with the production of promotional materials and media advertising shall be borne by the Defendant.

Article 4 (Matters to be Observed by the Plaintiff) (1) The Plaintiff shall meet the following objectives for sale:

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