중개수수료등
1. Of the judgment of the court of first instance, the part against the Defendants is revoked and the Plaintiff’s revocation part is against the Defendants.
1. Basic facts
A. The Plaintiff is a licensed real estate agent operating real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in Suwon-si, Suwon-si.
B. Around 2017, Defendant B requested the Plaintiff to sell the sale brokerage of the F building and Gho-gu, Suwon-si, Suwon-si (hereinafter “instant real estate”). Defendant C requested the Plaintiff to sell the said real estate.
C. On March 14, 2017, Defendant C entered into a sales contract with Defendant C to purchase the instant real estate at KRW 273,000,000 as a broker between Defendant C’s Licensed Real Estate Agent H (trade name: I Licensed Real Estate Agent’s Office) and Defendant B’s Licensed Real Estate Agent J (K Licensed Real Estate Agent’s Office). Defendant C completed the registration of ownership transfer in its name on May 4, 2017.
On May 4, 2017, Defendant B paid KRW 1,092,000 to a licensed real estate agent J, and Defendant C paid KRW 500,000 of brokerage commission to a licensed real estate agent H on May 9, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff Defendants requested the Plaintiff to mediate the instant real estate sales contract, and accordingly, concluded a sales contract using another real estate brokerage office for the purpose of not paying brokerage fees, even though the Plaintiff made a considerable effort and actually constituted sales contract for 274,000,000, which was actually established. The Plaintiff did not participate in the preparation, etc. of the final contract, even though the Plaintiff played a critical role in the formation of the contract, which was interrupted due to reasons not attributable to the Plaintiff.
Therefore, the defendants are obligated to pay each of the 1,096,000 won and the delay damages to the plaintiff as a brokerage commission.
B. Although the Defendants requested the Plaintiff to mediate the instant real estate sales contract, other real estate brokers than the Plaintiff also requested brokerage.