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(영문) 서울중앙지방법원 2017.06.14 2016가단144865

부동산중개수수료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The allegations and judgment of the parties

A. The plaintiff's assertion is as shown in the ground for claim attached to the summary of the claim

(However, ‘creditor' is regarded as ‘Defendant'. (B) The creditor is regarded as ‘Defendant'.

Judgment

1) Real estate brokers act as intermediary for sale, exchange, lease, and other acts related to the acquisition, loss, and transfer of rights between the parties to a transaction. Only after the conclusion of a contract on the object of brokerage has been completed, a broker may claim a brokerage commission to the brokerage client, and in the event the act of brokerage has been terminated without fulfilling the purpose, a broker may not claim a brokerage commission according to the ratio of handling the act of brokerage (see, e.g., Supreme Court Decision 90Da18968, Apr. 9, 191). However, even though a contract has been entered into almost in the stage of sexual intercourse due to the act of brokerage of real estate brokers, it is reasonable to deem that a real estate broker entered into a direct contract with the client and the other party without excluding the real estate broker for the purpose of avoiding the brokerage commission, and even if the real estate broker ceased to engage in the conclusion of the contract due to a cause not attributable to him/her, and thus the real estate broker was unable to participate in the final preparation of the contract, in light of the purport of Article 686(3) of the Commercial Act and good faith.

It is insufficient to recognize that the Plaintiff was unable to participate only in the preparation of the final contract due to a cause not attributable to him/her even though the Plaintiff played a critical role in the formation of the above contract.

Therefore, the plaintiff's assertion.