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(영문) 의정부지방법원 2017.05.17 2016나11562

중개수수료

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating a real estate brokerage office under the trade name, namely, “D real estate” in the Gu Government-si C and 102 of the shopping district.

B. On December 10, 2015, the Plaintiff was requested by the Defendant to mediate the apartment that the Defendant would reside, and the Plaintiff introduced the “F apartment 201 Dong 1304 (hereinafter “the instant real estate”).” owned by the Defendant, the Plaintiff introduced the “F apartment 201 Dong 1304 (hereinafter “instant real estate”).

C. On December 10, 2015, 16, and 23th of the same month, the Defendant and the Defendant’s denied G visited and confirmed the condition of the instant real estate under the brokerage of H real estate between the Plaintiff and the seller.

On December 24, 2015, the Defendant requested the Plaintiff to adjust the sales amount of KRW 280,000,000 to KRW 5,000,000, which was presented by the seller E. As a result of consultation with the seller, the Plaintiff adjusted the sales amount of KRW 2,00,000 on condition that the Plaintiff would reduce the sales amount of KRW 2,00,000 and set up employment. The Defendant and the seller agreed to enter into a sales contract on January 2, 2016.

On December 2015, the Defendant notified the Plaintiff of the suspension of the brokerage of the instant real estate.

E. On January 2, 2016, the Defendant, under the brokerage of the K Licensed Real Estate Agent J and the seller’s K Licensed Real Estate Agent Office, concluded a sales contract with E to purchase the instant real estate in KRW 273,50,000 of the purchase price (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the name of the Defendant on March 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. In the 1st place of the Plaintiff’s assertion, the Plaintiff received a consignment from the Defendant for purchase brokerage and provided the Defendant with the introduction of each of the instant real estate, including the instant real estate. On the other hand, the Plaintiff provided an on-site answer three occasions on the instant real estate, and the seller’s side.