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(영문) 수원지방법원 2017.02.16 2016가합73173

중개수수료청구

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From April 20, 2006 to November 12, 2012, the Plaintiff is a person who runs real estate brokerage business under the trade name, “D Licensed Real Estate Agent Office,” and the Defendant is a person who has sold the land of this case from the Korea Land Corporation to E, E, 6,400.7 square meters (hereinafter “instant land”).

B. The Defendant requested the Plaintiff to mediate in order to sell the instant land.

C. The Plaintiff introduced F to the Defendant, and the Defendant and F drafted a memorandum of understanding that F would sign a sales contract with the Defendant to purchase the instant land in KRW 28.5 billion (hereinafter “instant memorandum of understanding”).

In this case, both parties to the instant memorandum of Understanding will undertake practical consultation by June 16, 2008 and enter into a contract in a regular manner. In the event that a fixed contract is not concluded even after the said period has elapsed, the instant memorandum of Understanding contains the contents automatically invalidated. The Defendant and F did not reach the conclusion of a fixed sales contract for the instant land.

As of October 6, 2008, in the name of the Defendant and G Co., Ltd., the land sales contract, including the content that G would purchase the instant land in KRW 28 billion, to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap 1-3 evidence (including branch numbers, hereinafter the same shall apply), entry of Eul 1 evidence, the purport of the whole pleadings

2. The Plaintiff, around January 2008, requested a brokerage to sell the instant land to the Plaintiff and entered into a delegation contract between the Plaintiff and the Defendant. The Plaintiff introduced F and H, and the Plaintiff entered into a sales contract with the Defendant for reasons not attributable to the Plaintiff, but did not enter into a sales contract for reasons not attributable to the Plaintiff. H, the Defendant excluded the Plaintiff, and directly H and the instant land on August 28, 2008, were directly H and the instant land amount to KRW 28.5 billion.