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(영문) 창원지방법원 2017.07.13 2017나548

부동산중개보수료

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants requested the Plaintiff, a practicing licensed real estate agent, to sell the pertinent land and ground buildings owned by the Defendants (hereinafter collectively referred to as “instant real estate,” and the part of the building was referred to as “instant building”).

On May 16, 2016, the Defendants concluded a contract to sell the instant real estate in KRW 1.05 billion with the Plaintiff’s brokerage to Nonparty E and one other. On May 17, 2016, the following day, the Defendants received KRW 110 million from the buyers of the said sales contract.

B. The confirmation and explanatory note of the object of brokerage attached to the real estate sales contract of this case includes several leakages in the second floor of the building of this case.

Before the conclusion of the above sales contract, the buyer and her husband F did not say that when the building of this case was built before the conclusion of the above sales contract, water leakage occurred from the third floor of the building of this case to the second floor in the second floor. However, the defendants did not directly confirm the part of water leakage occurred due to the relationship that the defendants did not have any key.

C. After paying down payment to the Defendants, E confirmed that the Defendants met the instant building and water leakages occurred from the second floor of the instant building, thereby falling off several water tanks.

Therefore, the Defendants and buyers decided to cancel the instant real estate sales contract on the grounds that the Defendants were more active than the contents stated in the confirmation and explanatory note of the object of brokerage, and the Defendants returned the full down payment to the buyers.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 3, Gap's evidence 8-1, 2, Eul's evidence 1, Eul's testimony and whole purport of pleading

2. The parties' assertion and judgment

A. Since the instant real estate sales contract was concluded as a broker of the Plaintiff’s assertion 1 by the parties concerned, the Defendants are the Plaintiff’s brokerage fee.