부동산중개수수료
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. The Plaintiff, who is engaged in real estate brokerage business, was commissioned from Defendant C to intermediate purchase of apartment units, and among the Defendants, the Plaintiff was commissioned from Defendant C to intermediate sale of 104 Dong-dong 701 (hereinafter “instant apartment units”) of Dong Young-si, Tong Young-si, which was Defendant B owned by Defendant B, to intermediate sale of the instant apartment units.
B. On November 18, 2013, the Defendants determined the purchase price and the balance date, etc. by the Plaintiff’s brokerage, and Defendant C paid KRW 2,000,000 to Defendant B as a provisional contract deposit.
C. On November 19, 2013, when the Plaintiff and the Defendants drafted a contract at the Plaintiff’s brokerage office, the Plaintiff and the Defendants provided for the warranty against water leakage in the course of establishing the contract, and the Plaintiff and the Defendant B did not have any dispute over the degree of misunderstanding of gender, thereby creating the contract.
On November 20, 2013, the Defendants prepared a sales contract and paid a brokerage commission at the office of other licensed real estate agents than the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, witness E of the first instance trial, and the purport of the whole testimony and pleading of F
2. The plaintiff's assertion
A. On November 18, 2013, by the Plaintiff’s brokerage, there was a consensus among the Defendants on the specific matters of the sales contract, including the purchase price and the balance date, and Defendant C paid the provisional contract amount to Defendant B, which led to the establishment of the sales contract, and the Defendants are obliged to pay the brokerage commission to the Plaintiff.
B. Even if the contract was not concluded, the Defendants conspired with each other for the purpose of avoiding brokerage commission, and entered into a direct contract by excluding the Plaintiff, or the Plaintiff was suspended due to reasons not attributable to the Plaintiff, and thus the Plaintiff was not involved in the preparation of the final contract. Therefore, the Defendants are liable to pay brokerage commission to the Plaintiff.
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