분양수수료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
On July 8, 2016, Defendant B’s Cooperative (hereinafter “Defendant Cooperative”) entered into a sales agency contract with D (hereinafter “D”) for the sales of the instant building E (B building; hereinafter “instant building”) to the Gangnam-gu Seoul Special Metropolitan City Building E (hereinafter “D”).
On September 13, 2017, the Defendant Cooperative completed the registration of initial ownership relating to the instant building, and sold only F of the instant building (hereinafter “F”) to G, and G completed the registration of ownership transfer as to F on September 28, 2017.
On November 1, 2017, the Defendant Union concluded a sales agency contract with H, subject to the succession of both H (hereinafter “H”) to the sales agency business of D under the sales agency contract as described in the foregoing paragraph (a).
H on November 22, 2017, the Defendant Union claimed KRW 9,455,400 of the sales agency fee of F-ho, the Defendant Union, and the Defendant Union paid the said sales agency fee to H.
On the other hand, the Plaintiff was an employee of the sales agency, and from the end of July 2016 to the end of September, 2016, the Plaintiff was an employee of D, but thereafter, was not an employee of D around September 13, 2017.
[Ground of recognition] The Defendants asserted to the purport of the Plaintiff’s assertion as to the purport of the entire pleadings and evidence Nos. 3, 2, and 3-2 of the evidence Nos. 3, 2, and 3-2 of the Plaintiff’s assertion that the Plaintiff would give 3% of the sales price of commercial buildings when the Plaintiff would pay the first intermediate payment to the purchaser of the instant building upon handling the entrusted sales of the instant building.
Since the Plaintiff entered into a sales contract by introducing the sales contract in F (189,108,00 won) around February 2017, the sales contract was concluded, the Defendant is obligated to pay the Plaintiff 5,673,240 won (=189,108,000 won x 30/100) and damages for delay pursuant to the above agreement.
Judgment
All the evidence submitted by the Plaintiff and the testimony of the witness I of the first instance trial alone are related to D through H and the building of this case, which are the sales agent.