부동산중개보수 등
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 3, 5, and Eul evidence 1 (including each number; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings:
The plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of "D".
B. The Defendant is the owner of Gangseo-gu Seoul Metropolitan Government E-gi (hereinafter “instant land”) and its ground condominiums (hereinafter “instant building”). The Defendant is the owner of the underground floor 29.60 square meters, the first floor 67.72 square meters, the second floor 64.84 square meters, the third floor 7.95 square meters, the third floor 7.95 square meters, the fourth floor 72.12 square meters, and the fifth floor 72.4 square meters, and the second floor 72.4 square meters.).
C. On October 20, 2015, the Defendant entered into a contract with the co-defendant F, G (hereinafter “F”) of the first instance trial on the Plaintiff’s brokerage, under which F and G would purchase the instant land and buildings from the Defendant (hereinafter “instant sales contract”). The key contents are as follows.
The real estate sales contract amounting to KRW 1,300,000,000 as the down payment of KRW 130,000,000 in the intermediate payment of KRW 50,000 in the intermediate payment of KRW 1,120,000 in the intermediate payment of KRW 1,120,000 in the outstanding payment of KRW 1,120,000 on October 21, 2015 is not liable for the default of this contract by the seller or the buyer.
In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or terminated without the intention or negligence of the practicing licensed real estate agent.
In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested the brokerage respectively.
At the time of the conclusion of the instant sales contract, the Plaintiff issued an explanatory note for verifying the object of brokerage to the Defendant, and the said explanatory note contains the “use on the building ledger” as to the instant building, and contains the “finite living facilities.”