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(영문) 서울중앙지방법원 2015.12.16 2015가단5167583

부동산중개수수료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts without dispute are: (a) on October 14, 2014, I concluded the instant sales contract with the owner of a total of 6 parcels of land, including C, D, E, F, G, and H, and building for a living facility located in the luxal roof and sub-story (hereinafter “instant real estate”) located in Jung-gu Seoul Central District Court, Jung-gu, Seoul, to sell the instant real estate to the non-O and one other as a broker of N who operates the real estate brokerage office in the name of “K” in the Jung-gu, Seoul Central District Court, for sale of the instant real estate in KRW 5,050,000,00 in the form of N who operates the “M Licensed Real Estate Agent Office.”

2. Judgment on the plaintiff's assertion

A. On April 2013, Plaintiff 1) requested the Plaintiff to sell the instant real estate, and the Plaintiff asked the Plaintiff to find and purchase the actual owner of the “Seoul Jung-gu P” in which the owner of the instant real estate is unknown. The instant real estate sales contract also came to the phase immediately before the formation of the sexual history by making efforts to find and purchase the said P P by taking time and expenses into account. 2) The N in receipt of the request for the instant real estate sales brokerage was found the Plaintiff around September 2014, and even if there was the client for the instant real estate sales brokerage, the Plaintiff made efforts to purchase the instant real estate by requesting the Defendant to sell the instant real estate sales brokerage for several months. Accordingly, N’s request that the Defendant purchase broker be able to purchase the instant real estate.

3) Accordingly, the Plaintiff agreed that the Defendant, N, and the seller’s brokerage commission are divided into one half each, and the buyer’s brokerage commission is divided into N and another real estate brokerage office (hereinafter “instant agreement”).

4) Since the instant real estate sales contract was concluded, the Defendant is obligated to pay to the Plaintiff the KRW 1/2 of the brokerage commission paid by the seller to the Defendant according to the agreement of the instant case and the delay damages therefrom.

B. The judgment of the court below 1 to 4 and part of the witness Q.