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(영문) 창원지방법원 2016.08.31 2016나565

중개수수료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating the “C”, and the Defendant is the former owner of D 271.2m2m2 and 642.98m2 of the ground reinforced concrete structure (hereinafter “each of the instant real estate”).

B. On April 11, 2015, the Defendant, as the Plaintiff’s broker, sold each of the instant real estate to Nonparty E in KRW 1.05 billion, concluded a sales contract with the effect that, on June 30, 2015, the Defendant received each of the remainder of KRW 666 million on the same day, and that, on June 30, 2015, Nonparty E will succeed to the right to collateral security (hereinafter “instant sales contract”). On the same day, in relation to the conclusion of the instant sales contract, the Plaintiff prepared a confirmation and explanatory statement of the instant real estate subject to brokerage, which included the contents to pay KRW 1.9 billion to Nonparty E in the sales price of each of the instant real estate (i.e., KRW 1., KRW 50 million x 0.9%) and the Defendant affixed a seal on the confirmation and explanatory statement.

C. According to the instant sales contract, Nonparty E paid the Defendant the down payment of KRW 100 million on April 11, 2015, which was the date of entering into the contract, and KRW 666 million on June 30, 2015, which was the date of entering into the contract. The Defendant completed the registration of ownership transfer for each of the instant real estate to Nonparty E.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-2, the purport of the whole pleadings

2. If a copy of a complaint for determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to himself/herself, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the

Here, the term “after the cause has ceased to exist” means.