부동산중개수수료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a person operating a real estate brokerage office under the trade name of “D real estate,” and the Defendants are those who concluded a sales contract for each real estate listed in the separate sheet (hereinafter “instant land”).
B. Defendant B requested the Plaintiff to sell the instant land on July 2005, and Defendant C visited the said D Real Estate to purchase the instant land from Defendant B on or around August 2005, to negotiate the sales contract for the instant land through the Plaintiff’s brokerage. However, the sales contract for the instant land was not ultimately constituted.
C. On October 26, 2015, the Defendants concluded a sales contract with the purchase price of KRW 560 million with respect to the instant land via the E Licensed Real Estate Agent Office (hereinafter “instant sales contract”). On December 22, 2015, according to the instant sales contract, the ownership transfer registration under the Defendant C was completed.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including provisional number), Eul evidence 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the plaintiff did not enter into the sales contract of this case as the plaintiff's broker, even if it did not enter into the sales contract of this case, has the right to seek reasonable remuneration from the defendants pursuant to Article 683 (3) of the Civil Code and Article 61 of the Commercial Code. Thus, the defendants are obligated to pay 5,040,000 won (0.9% of the price under the sales contract of this case) which is equivalent to the amount within the scope of statutory fees to the plaintiff as remuneration.
Accordingly, the defendants asserted that the sales contract of this case was not the plaintiff but the third party's brokerage, so the amount of the brokerage fee cannot be paid to the plaintiff.
B. The conclusion of a sales contract, such as the preparation of a contract and the registration of ownership transfer, is concluded.