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(영문) 전주지방법원 2017.04.07 2016가단22686

중개보수

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. Summary of the parties' arguments;

A. The Plaintiff is operating the E Licensed Real Estate Agent Office in Jeonju-si, Jeonju-si D.

On February 25, 2016, the Plaintiff: (a) made a request for the brokerage of a sales contract to Defendant B, the owner of the purchase site and the 7th floor accommodation (hereinafter “instant real estate”); and (b) introduced three customers; (c) however, the contract did not comply with the various conditions; (d) made it impossible to conclude a contract.

Since then, around June 2016, the Plaintiff presented the documents entered in the public register of the instant real estate to Defendant C, who wants to buy telecom, and offered bid price information and bank loan-related information, etc., and around June 11, 2016, the Plaintiff visited Defendant C and the instant real estate to confirm the current status of the building, and arranged Defendant B and C to meet with Defendant B.

However, the Defendants, while excluding the Plaintiff for the purpose of not paying brokerage fees, concluded a sales contract on the instant real estate around June 2016.

Therefore, the Defendants are obligated to introduce the instant real estate and pay each of the 16,000,000,000 won to the Plaintiff who provided the data, as a brokerage commission.

B. Although Defendant B had found the instant real estate as well as C around June 2016, the Plaintiff did not act as a broker for the instant real estate sales contract, the Plaintiff did not act as a broker for the instant real estate sales contract.

C, “G was aware of the information on the instant real estate,” and said, “A direct contract defect is irrelevant to the Plaintiff.”

Since then, the contact with G through G was discussed about the sales amount, and around June 28, 2016, the sales contract was prepared by setting the sales amount of KRW 3.2 billion.

C. Although Defendant C introduced other than the instant real estate, the instant real estate was not a brokerage of the Plaintiff.

The Defendant became aware of the instant real estate through G, and concluded a sales contract after consultation with the seller B.