공제금청구 등
1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s annual rate from August 23, 2016 to January 22, 2019, and the following.
1. Facts of recognition;
A. The Plaintiff is a licensed real estate agent, and the Defendant is a licensed real estate agent operating the “C licensed real estate agent’s office” at Nam-si, Namyang-si.
B. On August 10, 2016, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with I to purchase the right under the sales contract against the said selling company (hereinafter “instant sales contract”) which H, the buyer of F apartment G, who sold in Nam-si Eb block by C, Nam-si, Nam-si, the seller of F apartment G, for the said selling company, at KRW 78,329,000, and accordingly, paid the full payment by August 22, 2016.
The instant right to sell housing units was restricted by September 20, 2016 in accordance with relevant statutes, such as Article 64 of the Housing Act, but the Plaintiff and the Defendant were aware of such restriction at the time of the instant contract.
At that time, the date of preparation was written on September 23, 2015, and was written as if the H and the Plaintiff entered into a direct contract without the broker.
C. On September 23, 2015, H entered into the apartment sale contract with the selling company, and I around that time purchased the instant apartment sale right of H from the JJ, which was known to the general public, at KRW 12,00,000, and paid the down payment to the selling company KRW 32,190,000.
However, on January 21, 2016 and May 21, 2016, the date of payment of the first intermediate payment set under the above sales contract, the intermediate payment of KRW 32,190,000 has not been paid on May 21, 2016, and the seller cancelled the sales contract around June 7, 2016.
I requested J to take a disposition of the right to sell this case, and J introduced K, and K introduced it to the Defendant in turn, and the Defendant mediated the contract of this case against the Plaintiff.
The Defendant mediated the instant contract to the Plaintiff without obtaining a separate confirmation after hearing the explanation that the down payment for sale has been paid to K and the intermediate payment has been made.
Of the 78,329,000 won paid as the price, the actual amount paid to I is KRW 71,329,000, and the remainder is 7,000.