beta
(영문) 서울중앙지방법원 2018.07.13 2017나81146

중개수수료

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 first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate brokerage business.

In around 2014, the Plaintiff obtained information that the land and the ground buildings in Seocho-gu Seoul Metropolitan Government (hereinafter “instant real estate”) located in Seocho-gu (hereinafter “instant real estate”) transferred to the intermediary as a thing.

B. The Plaintiff introduced the building to be purchased to the Defendant, and recommended the Defendant to purchase the instant real estate at the end of 2014.

C. From around that time, the Plaintiff heard the desired price of selling the instant real estate to E, one of the co-owners of the instant real estate, and delivered it to F, the Defendant’s representative director.

In addition, when the Defendant purchases the instant real estate, it is necessary to find solutions to the problems such as ① payment of the director’s expense and premiums to the first floor lessee of the instant real estate, ② cost required to remodel the instant real estate, ③ extension of the parking lot, ④ relation to the right to rooftop advertising towers, ⑤ whether the purchaser of the instant real estate can succeed to the dental business operated in the instant real estate.

However, since the joint owners of the instant real estate and the Defendant did not reach an agreement on the purchase price, the sales contract was not finally concluded, and the Plaintiff suspended the brokerage business of the instant real estate.

E. After June 9, 2016, the co-owners of the instant real estate, including E, concluded a sales contract with the Defendant to sell the instant real estate at KRW 20.45 billion (hereinafter “instant sales contract”).

F. On the other hand, the instant sales contract is a brokerage between the consulting corporation which is not the Plaintiff and the G Licensed Real Estate Agent Office representative H, which is not the Plaintiff. The Defendant is a brokerage commission to the astronomical Brokerage Corporation.