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창원지방법원통영지원 2016.10.27 2016가단3149

중개수수료

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff is a licensed real estate agent running E Licensed Real Estate Agent Office in macro-si D, and the Defendants are the clients requesting the Plaintiff to purchase and mediate real estate. 2) On November 25, 2015, the Plaintiff received a phone call from Defendant C for macrosi F (hereinafter “instant real estate”), disclosed all information on the instant real estate to the Defendants, and performed its best brokerage duties for the Defendants.

3) Although the Defendants received brokerage services for the instant real estate from the Plaintiff, they did not pay real estate brokerage fees to the Plaintiff and concluded a direct sales contract with the owner of the instant real estate. 4) The Defendants are jointly and severally liable to pay to the Plaintiff 21,024,000 won with respect to the instant real estate and KRW 30 million with respect to consolation money.

B. 1) Determination of whether a broker constitutes an act of brokerage under Article 3 of the Licensed Real Estate Agents Act refers to mediating the transaction, exchange, lease and other acts between the parties to the transaction with respect to the object of brokerage. 2) In light of the purport of the above law aimed at protecting the parties to the transaction, the broker should not make a decision by his/her subjective intent as to whether the broker has the intention to mediate or mediate the transaction on behalf of the party to the transaction. Determination of whether the broker’s act is objectively deemed to be an act of brokerage and mediation in light of social norms should be based on whether the broker’s act is objectively deemed to be an act of brokerage and mediation.

On the other hand, the act of brokerage is not only when the broker has received a request from both parties to the transaction, but also when the transaction is made at the request of either party to the transaction, but also when the transaction is made at the request of the party to the transaction.