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(영문) 서울고등법원 2015.04.17 2014나2040686

중개수수료

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 3, Eul evidence 14-1, Eul evidence 1-4, Eul evidence 7-15, and Eul evidence 7-15:

On May 26, 2010, the Defendant Cheongju Co., Ltd. (hereinafter “Defendant Cheongju”) entered into a contract with the Defendant Masan Institute (hereinafter “Defendant Masan Institute”) under which the Defendant Masan Institute sells KRW 24-7 forest land and KRW 2,972 square meters (hereinafter “instant land”) in Seocho-dong, Seocho-gu, Seoul for KRW 11.5 billion (hereinafter “instant sales contract”). The Defendant Masan Institute paid KRW 500 million as the down payment for the instant sales contract to the Defendant Masan Institute. The Plaintiff, a licensed real estate agent, arranged the conclusion of the instant sales contract as a licensed real estate agent.

B. The part related to the instant case among the confirmation description of the object of brokerage attached to the instant sales contract and the instant sales contract is as follows.

The actual amount of the sales contract of this case shall be 1.5 billion won remaining 1.5 billion won in total of the sales price under Article 2 (Sales Price and Payment Method, etc.) of the sales contract of this case (the sale price and payment method, etc.) and 11.1 billion won in total.

② Defendant White Institute shall obtain the design documents for reference to authorization and permission (including permission for development acts) of the land in this case from Defendant Cheongju to CD at the time of concluding the contract, and Defendant White Institute shall pay KRW 20 million (value-added tax separate) to Defendant Cheongju as the acquisition cost thereof, separately from the purchase price of the land in this case at the time of concluding the contract.

③ The act of changing the form and quality of land (including permission for development acts) and the resolution of civil petition shall be promoted at the expense of the Defendant White School and the expenses incurred therein shall be claimed to Defendant Cheongju on any pretext, such as cancelling the contract or compensating for damages.