중개수수료
1. The Defendant shall pay to the Plaintiff KRW 35,608,320 and the interest rate of KRW 15% per annum from January 16, 2018 to the day of complete payment.
1. Facts of recognition;
A. The Plaintiff is a person who runs real estate brokerage business under the trade name of “C real estate brokerage office”.
B. The Defendant: (a) decided to construct a hospital of five stories above ground ( neighboring living facilities) on the ground of the 703 square meters above the pertinent land owned by the Defendant in Kimhae-si (hereinafter “instant land”); and (b) requested the Plaintiff to pre-sale brokerage.
C. Since July 15, 2016, the Defendant concluded a sales contract for five units (including value-added tax) among the buildings scheduled to be newly constructed as the Plaintiff’s broker with E (Article 108, 201, 301, 401, and 501) (hereinafter “instant sales contract”). At the time, the Plaintiff agreed to pay a total of 35,608,320 won (including value-added tax) to the Defendant at commission.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 4 (including a tentative number, if any) and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay 35,608,320 won of the sales commission and delay damages to the plaintiff, except in extenuating circumstances.
B. On this issue, the defendant argues that since the contract for sale in this case was cancelled, there is no obligation to pay the selling fee to the plaintiff.
In full view of the overall purport of the pleadings in the statement or video of evidence Nos. 1 and 4, the Defendant sold a building permit for the instant land and buildings to F, even before the commencement of construction in full, around August 18, 2017. The ownership of the instant land was transferred to F on the 30th of the same month, and as a result, the Defendant was unable to perform the instant sales contract, the instant sales contract was revoked under the agreement between the Defendant and E, and thereafter E was returned the down payment and intermediate payment.
However, it applies to the instant brokerage commission agreement between the Plaintiff and the Defendant.