중개수수료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. (1) On June 2017, Plaintiff C (the operation of the D Licensed Real Estate Agent Office at that time) requested the Defendant to arrange for a lease agreement on the Defendant-owned Seoul Seongdong-gu Seoul F Building (hereinafter “instant commercial building”). On December 11, 2017, the Plaintiff entered into a business comprehensive acquisition agreement from C to acquire the said D Licensed Real Estate Agent Office, and transferred the said D Real Estate Agent Office’s claim against the Defendant, while taking over the said D Licensed Real Estate Agent Office, and the Plaintiff notified the Defendant of the assignment of the said claim by delivery of the preparatory document as of August 14, 2018, on behalf of the Defendant, pursuant to the explicit or implied agreement between C and the Plaintiff.
(B) Around December 21, 2017, the Plaintiff sent a confirmation description of the object of brokerage to the Defendant, thereby becoming aware of the fact of the transfer of the claim, and can be deemed to have approved the transfer of the claim. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 4.7 billion (the deposit KRW 4.7 billion converted into monthly rent of KRW 700 million) equivalent to KRW 6/100 of the brokerage commission rate of KRW 28.2 billion and damages for delay.
(2) Defendant 1 did not request the Plaintiff or C to mediate the instant commercial building lease agreement, and only requested G that the former lessee of the instant commercial building leased the name from the Plaintiff and C to G that is not qualified as a licensed real estate agent for the brokerage business.
Even if G had acted as a broker,
Even if a contract on the payment of brokerage commission to an unqualified person is invalid in violation of the mandatory law.
② Since the Plaintiff was unable to obtain the notification right of assignment or the power of representation from C, the notification of transfer is void.
B. The evidence presented by the Plaintiff alone in light of the Defendant’s defense and the materials submitted by the Plaintiff, it is recognized that the Defendant: (a) requested C to arrange for a real estate brokerage to obtain the Defendant’s claim against the Defendant.