beta
(영문) 인천지방법원 2015.04.24 2014나15668

중개수수료

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Defendant B’s real estate brokerage request 1) The Plaintiff is the “E Licensed Real Estate Agent Office” in Nam-gu Incheon Metropolitan City D (hereinafter “instant office”).

(2) Around September 9, 2013, the Plaintiff’s brokerage assistant F was requested from Defendant B to sell KRW 800,000,000 for the sales of the instant building and the instant land to the third class neighborhood living facilities of the general steel structure (refinite), concrete branch, roof, and the third class neighborhood living facilities of the above ground (hereinafter “instant building”; and the instant building and the instant land collectively referred to as “instant real estate”).

B. The Plaintiff’s brokerage brokerage 1) Defendant C introduced the Plaintiff from Nonparty C while driving a commercial building, and visited the instant office on November 2, 2013, around November 2, 2013. The F introduced the instant real estate to Defendant C and gave advice on matters related to the sale and purchase of the instant real estate between Defendant B and Defendant C, including adjustment of the purchase price to KRW 760,000,000. (2) Defendant B and Defendant C agreed on a substitute consultation regarding the sale and purchase of the instant real estate, including adjustment of the purchase price to KRW 760,00,000,000, among the instant real estate. Defendant C expressed its intention to lease the first and second floors possessed by Defendant B among the instant building to a third party to purchase the instant real estate, but the Defendants did not reach the final agreement on the sale and purchase of the instant real estate.

3) In accordance with Defendant C’s expression of the above intention, Defendant B requested the Plaintiff to lease the first and second floor of the instant building. (4) On November 27, 2013, Defendant B, as the Plaintiff’s intermediary, set the second floor of the instant building as KRW 10,000,000, monthly rent, and KRW 1,000,000, among the instant buildings until that time, did not lease the first floor of the instant building.

5. Defendant B made the sales amount of the instant real estate to F.