부동산중개수수료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a licensed real estate agent operating “E” in Ulsan-gu, Ulsan-gu, and Defendant B (hereinafter “Defendant Company”) was sold at KRW 6,689,902,400,00 from the F Corporation on July 3, 2015, as a corporation for the purpose of real estate development business, etc.
B. On October 10, 2016, the Defendant Company concluded a sales contract to sell the instant land to KRW 10,189,902,400 (i.e., the amount sold by the Defendant Company from F Corporation KRW 6,689,902,400 (hereinafter “instant sales contract”) between Defendant Company and its husband H, who represented Defendant C (hereinafter “instant sales contract”).
C. Meanwhile, on December 23, 2016, the Defendant Company entered into a contract with I, a new director of H, to transfer the right to acquire the instant land in KRW 3.5 billion. Accordingly, the Defendant Company: (a) transferred the status of buyer from the Defendant Company; and (b) completed the registration of ownership transfer on the instant land on January 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, Eul evidence No. 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion is an intermediary of the instant sales contract and signed and sealed the sales contract as a broker at the time of the instant sales contract, and the confirmation and explanatory note of the object of brokerage was prepared and signed and sealed by the Defendants. The sum of brokerage fees under paragraph (9) of the confirmation and explanatory note of the object of brokerage is indicated as KRW 100,880,03 [Article 91,709,121 [Article 91,709,902,400 x 0.9%). As such, the Defendants are obligated to pay each of the brokerage fees to the Plaintiff, as claimed by the Plaintiff.
B. According to the reasoning of the judgment, Gap evidence No. 2, the plaintiff shall be present at the time of the instant sales contract and shall be present at the sales contract.