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(영문) 전주지방법원군산지원 2014.07.29 2014가단51782

중개수수료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Defendant was commissioned by the Defendant to mediate the sale of the entire land for B 10,894 square meters of land and the above ground factories, offices, etc. (hereinafter “instant real estate”), and the Plaintiff responded to the instant real estate through the seller’s licensed real estate agent C through the seller’s licensed real estate agent C and responded to the terms and conditions of the sale.

After having confirmed the instant real estate, the Defendant asked the Plaintiff to adjust the cost of construction of electric facilities at KRW 3.2 billion in the purchase price of the instant real estate. The Plaintiff made efforts to conclude a sales contract between the Defendant and the Dongdong Chemical Industry Co., Ltd. (hereinafter “Dongdong Chemical Industry”) by reducing the purchase price to KRW 3.05 billion.

Therefore, the Plaintiff seeks payment of brokerage commission from the conclusion of the instant sales contract to the Defendant.

2. The act of real estate brokerage as a broker mediates the transaction, exchange, lease, and other acts concerning the acquisition, loss, and modification of rights between the parties to the transaction regarding the object of brokerage, and in principle, the broker may claim a commission to the broker only after the conclusion of the contract, such as the preparation of the contract concerning the object of brokerage, is completed.

According to Gap's evidence Nos. 3, 5, 6, and 7, and witness D's testimony, the plaintiff was requested by the defendant to mediate the sale of the real estate of this case, and the plaintiff was confirmed to have received the answer by asking about the purchase price, etc. to the same roof chemical industry through the seller's licensed real estate agent C.

However, the following circumstances, which can be acknowledged by comprehensively taking account of the descriptions of Gap evidence 4 and 7, witness D's testimony and overall purport of pleading, namely, ① a direct sales contract was concluded between the defendant and the same roof chemical industry after several months from the time the defendant's employee confirmed the real estate of this case, and ② the defendant's above real estate.