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(영문) 서울중앙지방법원 2017.01.19 2015가합559092
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The status of the parties is that the urban environment improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is a sales agency, Defendant C and D are the head of the Plaintiff’s entire association, and Defendant E are the representatives of Defendant B.

On October 27, 2010, the Plaintiff entered into a contract for sales and advertising agency services between the Plaintiff and Dong Construction Co., Ltd. (hereinafter referred to as “Dong Construction”) with Dong Construction Co., Ltd. (hereinafter referred to as “Dong Construction”) for the sales and advertising agency services of the apartment of this case (hereinafter referred to as “instant contract for sales and advertising agency services”).

The service contract for the sale by lots and advertisement of this case is divided into the sales by lots and the advertising by proxy, and the part related to this case is the main part related to the sales by lots as follows:

Plaintiff B: The contract term of Article 2 (Contract Term) 1 of the Eastern Construction Act is from the date of this contract to the date of approval for the use of the project. 2) The contract shall enter into force on the condition that the agreement shall be approved by the general meeting of the members of the Union A.

Section 6 (Liability and Obligations of Section 1) B shall, at the time of entering into this contract, act as an agent for the sale of the subject-matter of sale; Section 2) B may, in connection with this contract, select a parcelling-out unit and execute the sale of the subject-matter of sale.

Article 8 (Fees for Sales by Proxy) Persons eligible for fees for sales by proxy shall be limited to the portion of sales by general public, and fees for sales by proxy shall be calculated by multiplying the amount of sales by the following fee rates:

Multi-family housing shall be a fee of KRW 24 million per household.

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