부동산중개수수료
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. Basic facts
A. The Plaintiff is a practicing licensed real estate agent who operates a licensed real estate agent office registered under the name of “C Licensed Real Estate Agent Office”, and D is the owner of 12 lots of land, etc. (hereinafter “instant land”). F and G obtained approval of factory construction under the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Development Act”) with respect to the establishment of a factory for the business of processing and storing and treating fruits,” on each of the lands of the instant land from the Sungsung market on November 8, 2013.
B. On April 6, 2015, D sold the instant land in KRW 1,300,000 to the Defendant under the Plaintiff’s brokerage (hereinafter “instant sales contract”). The Defendant agreed to succeed to the establishment of each of the above factories that F and G received, and paid KRW 20,000,000 to D on April 7, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, since the contract of this case was concluded by the plaintiff's brokerage between the defendant and D, the defendant is obligated to pay the plaintiff 12,870,000 won and damages for delay in accordance with the contract of this case, barring special circumstances.
B. The judgment of the defendant's assertion 1: (1) The sales contract of this case was concluded by deceiving the defendant as if the plaintiff could not change the name of the factory from the beginning in collusion with the seller; (2) ultimately, by deceiving the down payment of KRW 20 million; (3) there is no agreement on the brokerage commission; and (4) the payment date of the brokerage commission is the date the payment of the transaction price of the object of brokerage is completed pursuant to Article 27-2 of the Enforcement Decree of the Licensed Real Estate Agents Act; and (3) the payment of the transaction price has not yet been completed; and (4) the