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(영문) 서울동부지방법원 2015.04.13 2014가단24540

용역비

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The Plaintiff, as the principal lawsuit, seeks payment of KRW 3,360,000 out of the agreed fees on auction to the Defendant.

According to Gap's evidence Nos. 2 and 3 (which did not dispute the defendant's seal image portion, and there is no evidence to prove that the document was forged, but there is no evidence to prove that the document was forged) and 10 evidence, the plaintiff agreed to provide service fees of KRW 5,250,00 for the acquisition mediation, the analysis of rights and the progress of purchase among the goods sold at the Seoul Central District Court C, Seocho-gu Seoul Seocho-gu Seoul District Court's sales of the case (hereinafter "the contract in this case"). The appraised value of the goods sold at the above auction procedure was KRW 350,00,00,000, and the plaintiff stated the defendant's personal information in the bidder's bid list on August 14, 2013, which is the sale date of the auction case in the above auction procedure, and submitted the bid document to the auction court after stating the bid price of KRW 283,750,00,000.

However, Article 14(2) and (3) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act allow a broker to engage in auction under the Civil Execution Act, analysis and mediation of the right to real estate subject to public auction under the National Tax Collection Act and other Acts and subordinate statutes, and an application for purchase or an application for bid by proxy under the Civil Execution Act. In the event of an application for purchase of real estate subject to auction under the Civil Execution Act or an application for bid by proxy, it shall be registered with the court and shall be supervised by the court in accordance with the requirements prescribed by the Supreme Court Regulations. According to Articles 5, 10, and 11 of the Regulations on Registration, etc. of Licensed Real Estate Agents' Agents' Agents' Agents' Agents' Agents' Agents' Agents' Agents's Agents's Agents's Agents' Agents's Agents' Agents's request for purchase (hereinafter "Rules"),