중개수수료 청구
1. Each of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On October 10, 2016, a real estate sales contract was concluded between the Defendant, C, and D with respect to the building owned by the Defendant, Yeongdeungpo-gu Seoul Metropolitan E-building (hereinafter “instant building”) with the purchase price of KRW 4.9 billion.
B. Under the above sales contract, the seller and the buyer’s name indicated as “F Licensed Real Estate Agent G G in the Office of Licensed Real Estate Agents,” “H of the representative of Plaintiff B Co., Ltd., and “B of the I Licensed Real Estate Agent Office Plaintiff A,” respectively, and the column of matters concerning brokerage remuneration, etc. is indicated as “48,510,000 won (including value-added tax, 4,900,000,000 x 0.9% x 1.).”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiffs asserted by the parties (1) concluded a sales contract on October 10, 2016 between the Defendant, C, and D on the end of their efforts to color the purchaser on several pages upon receiving a request from the Defendant for sale of the instant building.
The above sales contract is concluded with the plaintiffs and 3 persons, and the plaintiffs and G shall distribute 8,00,000 won, each of the 44,000,000,000 won, which is paid by the buyer and the seller, to 1/3,000,000 won. Since the defendant paid 22,00,000 won to G as a brokerage commission, the defendant is liable to pay 7,33,333 won, respectively, to the plaintiffs as the unpaid brokerage commission (=4,00,000 - 22,00,000), and damages for delay.
(2) In order to sell the instant building, the Defendant entered into an exclusive brokerage contract with G that operates the F Licensed Real Estate Agent Office and requested sale of the instant building.
After registering the building of this case as a substitute, G requested another licensed real estate agent to find a buyer. The plaintiffs are the buyer.