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(영문) 수원지방법원성남지원 2016.11.22 2016가단2696

중개수수료

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From October 5, 2010, the Plaintiff is a licensed real estate agent operating “E Licensed Real Estate Agent” in Sung-nam-si D and 103, and F is the Plaintiff’s father’s brokerage assistant.

B. H, which owned the real estate listed in the separate sheet No. 1 (hereinafter “G real estate”), requested F to sell G real estate to the Plaintiff’s intermediary, known to the general public.

C. On the other hand, Defendant B was asked by I (I does not have a licensed real estate agent certificate, and there is no fact that I is registered as an intermediary assistant to a specific licensed real estate agent office) who was known to the general public.

As a result, H and Defendant B entered into a sales contract of KRW 1.92 billion with respect to G real estate on October 18, 2014 as a broker of the seller F and the buyer, and on January 7, 2015, the transfer registration of G real estate was completed in the name of Defendant B and J (Defendant B’s wife).

At the time, the “written statement on confirmation of object of brokerage” (Evidence A) includes the brokerage remuneration of KRW 17.28 million (0.9% of the transaction price) in relation to the amount of brokerage remuneration, actual expenses, and calculation details, and only the Plaintiff was recorded as a practicing licensed real estate agent, and the H and Defendant B, the buyer, affixed the seal.

E. Meanwhile, among G real estate at the time of the above sales contract, the lessee had been L in the K ground commercial building. However, on January 7, 2015, G real estate transferred to Defendant B, etc., the lease contract set forth between L and Defendant B and J as the deposit amount of KRW 70 million, monthly rent of KRW 360,000, and from January 7, 2015 to April 30, 2016 was drafted by the Plaintiff.

The statement on confirmation of object of brokerage (Evidence A) prepared at the time stated 3.87 million won (0.9% of the transaction price) in relation to the amount and calculation details of brokerage fees, actual expenses, and there was the signature and seal of Defendant B, J, and L, a lessee.

F. Meanwhile, Defendant C-W.