beta
(영문) 서울중앙지방법원 2016.08.24 2015가단5335546

용역비

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. Seoul Gangnam-gu Seoul E-building (hereinafter “instant real estate”) was originally owned by F, but F sold the instant real estate to Defendant D Co., Ltd. (hereinafter “Defendant D”) for KRW 17.2 billion (hereinafter “instant sales contract”) on April 10, 2015, and completed the registration of ownership transfer.

B. On May 11, 2015, Defendant D paid KRW 132,440,00 to G that arranged the instant sales contract as a brokerage commission, and F paid KRW 17,0280,00 to G twice.

C. Meanwhile, on July 24, 2013, Defendant C Co., Ltd (hereinafter “Defendant C”) requested the Plaintiff to act as a broker for the building in Seoul to purchase company buildings.

Then, on August 12, 2013, the Plaintiff’s staff member H Licensed Real Estate Agent: (a) sent the I head of the I Headquarters to the building that is able to intermediate; (b) confirmed the seller’s auxiliary participant’s intention to sell the instant real estate; and (c) visited I and communicated I information on the instant real estate.

Defendant C expressed his intent to purchase the instant real estate to the Plaintiff, and the Plaintiff sent his intent to purchase the instant real estate to I on October 22, 2013.

On October 30, 2013, Defendant C sent to the Plaintiff a letter of intent to purchase with the purchase price of 14 billion won. The Plaintiff sent the said letter of intent to purchase to the Intervenor.

E. On November 30, 2013, the Plaintiff and the Intervenor expressed their respective clients’ opinions on the purchase price of the instant real estate, and as a result, on November 30, 2013, the Plaintiff and the Intervenor received a letter of promise to sell KRW 17.2 billion from the transferor.

After the Plaintiff received the said letter of promise from the transferor, on December 2, 2013, the Plaintiff entered into a real estate sales contract, a comprehensive business transfer agreement, with the head of the headquarters of the Defendant C&I on the main date.