약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 2006, the Plaintiff was a broker assistant at the Chang-si brokerage office “D” located in Chang-si, Changwon-si. The Plaintiff introduced to the Defendant a 1488m2, G 1488m2, G 1488m2 (hereinafter “instant land”). Around July 11, 2006, the Plaintiff consulted the Defendant to be awarded a successful bid of KRW 162,670,000 on the date of sale (the minimum sale price on the date was KRW 142,848,00). The Defendant paid in full the price on August 9, 2006 and acquired the ownership of the instant land.
On July 11, 2006, when the Defendant disposes of the instant real estate, the Plaintiff and the Defendant agreed to divide the net income from deducting all the expenses invested from the sales amount into the Plaintiff 30% and the Defendant 70% shares (hereinafter “instant agreement”), and the Defendant paid KRW 2,00,000 to the Plaintiff on the same day.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination on the cause of the claim
A. After purchasing the instant land at a successful bid, the Defendant sold 303,552,00 won to the Korea Highway Corporation, and paid KRW 24,582,440 to the Korea Highway Corporation. At the time of auction acquisition, acquisition tax, etc., KRW 6,009,160 was required. However, KRW 110,290,40 was required for gains from transfer (i.e., KRW 303,552,000 - KRW 162,670,670,000 - KRW 6,009,160 - KRW 24,582,440).
Therefore, according to the instant agreement, the Defendant is obligated to pay the Plaintiff KRW 31,000,000 remaining after deducting KRW 2,000,000 which was 30% of the capital gains from transfer from the Plaintiff (i.e., 110,290,400 x 30% - 2,000,000).
B. Determination 1) The former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Act”)
Article 14 (2) and (3) shall meet the requirements prescribed by the Supreme Court Regulations while allowing a broker to analyze rights to real estate subject to an auction under the Civil Execution Act, arrange for acquisition thereof, and act as an agent for an application for a purchase or an application for a bid.