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(영문) 서울고등법원 2015.07.10 2014나36698

중개수수료반환

Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s revocation part is against Defendant C.

Reasons

1. On June 20, 2006, the Plaintiff (formerly: hereinafter “Defendant Company”) and Defendant B Co., Ltd. (formerly: F Co., Ltd.; hereinafter “Defendant Company”) concluded a contract with the Plaintiff on June 20, 2006 to provide services (including a land sales contract, all documents for the establishment of real estate trust or collateral security (the beneficiary of a person designated by the Plaintiff), all documents for the establishment of real estate trust or collateral security (including a clan meeting for the transfer of ownership, and the completion of its resolution) related to the purchase and compensation price of H clan for the purchase of land and collective housing (hereinafter “instant forest”), which are about KRW 5,157m2 (hereinafter “the instant forest”), and the Plaintiff must be notified in writing to the Plaintiff within 300 million won prior to the purchase of the forest land or the payment of the remainder of the service contract, and the Plaintiff must be notified in writing of the full amount of the service contract to the Plaintiff.

On November 28, 2008, the Plaintiff entered into a contract with the instant clan to the effect that “the Plaintiff would purchase the forest land of this case in the instant clan with KRW 2 billion” (hereinafter “instant sales contract”) in the brokerage of the Defendant Company.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Claim against the defendant company

A. The Plaintiff claiming the parties concerned had cancelled the instant service contract due to the circumstance that the Plaintiff was unable to acquire ownership of the forest of this case before the payment of the balance of purchase under the instant sales contract, and thus, the Defendant Company is to restore it to its original state.