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(영문) 대전지방법원 2020.08.21 2019나107201

중개보수

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. 1) Defendant and the co-defendant D (hereinafter “D”) of the first instance trial.

2) The title “instant real property” is the title “instant real property” (hereinafter referred to as “instant real property”).

(2) On December 21, 2016, D initially drafted a sales contract on December 21, 2014, but appears to have been amended to have re-established a sales contract. The Defendant would sell 1/2 shares of the instant real estate to the Defendant, and on April 28, 2017, registered the right to claim ownership transfer as to the said 1/2 shares in the Defendant’s future.

B. 1) On July 25, 2017, the Defendant: (a) as a broker of Licensed Real Estate Agent H on July 25, 2017, Class I (the representative L; hereinafter “the instant species”).

2) On August 1, 2017, D drafted a sales contract with a content that sells all of the instant real estate in KRW 5.4 billion to the clans of this case. D drafted a sales contract with a content that sells 1/2 shares of the instant real estate to the clans of this case in the presence of the Defendant’sJ.

3) On September 12, 2017, the Defendant and D cancelled the above provisional registration, and completed the registration of ownership transfer in the future of the instant clan with respect to the instant real estate. 4) H received 48 million won from the instant clan as brokerage commission, and 30 million won from the Defendant’s side, and received 32 million won among them, and was returned to the persons related to the instant clan.

As the clan M and N of the instant clan submitted a written accusation due to occupational breach of trust in relation to the instant real estate transaction, the persons related to the said clan shall return at will the same time. See the entry (including the serial number) of the evidence Nos. 4 to 10 of the instant clan No. 4 to 10, the witness testimony and the purport of the entire pleadings by the instant court.

2. Although the Plaintiff, upon the request of the Plaintiff’s argument by the J, has reached the phase of entering into a contract with the instant clan by mediating the sale and purchase of the instant real estate, the Defendant excluded the Plaintiff and concluded a sales contract with the instant clan on the ground that H was an intermediary, so the Defendant was the Plaintiff.