공인중개수수료 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On April 26, 2015, the Plaintiff entered into a sales contract with C and D, as the Defendant’s intermediary, to sell KRW 560,000,000,000,000,000 (hereinafter “instant land”) owned by the Plaintiff to the Busan Jin-gu E, Busan (hereinafter “instant land”). The special terms of the said sales contract stipulate that the purchaser shall bear capital gains tax.
B. After the instant sales contract was concluded on May 29, 2015, the ownership transfer registration for the instant land was completed on April 19, 2015 (the transaction price of KRW 250,000,000), and on the same day, the ownership transfer registration for the instant land was completed on April 20, 2015.
(The transaction value of one billion won is KRW 50 million). (c)
The Defendant was subject to an administrative fine of five million won on the ground that the Defendant did not report the transaction of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings
2. Determination as to the cause of claim
A. On April 26, 2015, the Plaintiff concluded the instant sales contract as a broker of F Licensed Real Estate Agent F with Defendant on April 26, 2015. However, on May 29, 2015, the purchaser D completed the registration of the transfer of the instant land in the future of the New Airport, New IBP Co., Ltd. on May 29, 2015, and New IBP Co., Ltd again completed the registration of the transfer of the instant land in the name of the Defendant to F, and F, as a real estate broker, signed and sealed a letter of performance.
Article 33 subparag. 4 of the Licensed Real Estate Agents Act (the practicing licensed real estate agent, etc. shall not conduct any act of causing an error to the judgement of the client by false words or other means concerning important matters relating to the transaction of the object of brokerage), Articles 49(1)1 and 7 of the Licensed Real Estate Agents Act.