중개수수료 등
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Basic facts
A. The Plaintiff is a licensed real estate agent operating the D Licensed Real Estate Agent Office in Busan Dong-gu C.
B. On April 5, 2012, the Defendant entered into a contract with F of the president of the E Hospital to rent the Busan East-gu G and the fourth floor (hereinafter “instant building”) from April 5, 2012 to December 31, 2014, the lease deposit amount of KRW 150,000,000, monthly rent of KRW 4,000.
C. After completing business registration with the trade name “H” in the instant building, the Defendant operated the main points from April 10, 2012.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 3 and 7, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff: (a) requested the Defendant to take over and transfer the rights to each of the instant buildings and act as a broker for a lease contract; and (b) completed a lease agreement between I and the Defendant on February 2012 on the terms and conditions of the instant building and the premium rate for the premium.
Nevertheless, the Defendant entered into a contract for acquisition and transfer of rights to the instant building and a lease contract with I, etc. with the intent to evade the obligation to pay brokerage fees, without excluding the Plaintiff.
Therefore, the defendant is liable to pay the plaintiff a total of KRW 12,770,000, which is the amount equivalent to the brokerage commission prescribed by the law that the plaintiff could have received from the defendant and I, and the delay damages therefor.
B. Determination 1 Real Estate Brokerage Contract is a contract that provides that real estate intermediaries shall receive remuneration equivalent to the brokerage commission on the condition that the real estate intermediaries complete the conclusion of the contract, such as the preparation of the contract concerning the object of brokerage by their act of brokerage.
Therefore, a person who asserts that he/she has a claim for brokerage commission is not only the conclusion of a real estate brokerage contract, but also the real estate sales contract.