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(영문) 대구지방법원 2016.05.26 2015나310368

중개수수료

Text

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.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “C Licensed Real Estate Agent”.

B. On October 18, 2006, the Defendant completed the registration of ownership transfer concerning D and two lots of land and six-story buildings thereon, E’s site and one-story buildings (hereinafter “instant real estate”).

C. On December 2014, the Plaintiff was requested by G (the husband of H’s representative director F) who was the actual manager of Nonparty F Co., Ltd., one of the lessees of the instant real estate, to mediate the instant real estate purchase.

On January 8, 2015, the Plaintiff made a telephone conversation with I, an executive director of the Defendant Company, and I asked I to the effect that I would sell the instant real estate as a thing.

At the time, the defendant had already been in negotiations with J(K) as one of the lessees of the instant real estate.

E. On January 13, 2013, the Plaintiff visited the Defendant Company located in Seoul, along with G, and met I and the Defendant Company’s representative director.

In that place, consultation was made on the sales price of the instant real estate.

F. Around January 27, 2015, the Plaintiff visited the Defendant Company, along with G, to cut off the sales price. After having to set the sales price at KRW 9,450,000,000, the Plaintiff prepared the “real estate sales contract” (hereinafter “the first contract”). The Plaintiff signed and sealed the Plaintiff in the column of the broker of the relevant real estate sales contract. The details of the first contract are as follows: “The principal contract and the certificate of brokerage shall be re-preparation the down payment in full.” On February 4, 2015, the Defendant and G, who received the down payment of KRW 800,000,000 from G, written the “principal contract” (hereinafter “the second contract”) in accordance with the aforementioned special agreement.

Although the plaintiff was present in that place, there is no indication in the column of the second contract broker.

(j) 2.