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(영문) 서울남부지방법원 2018.01.19 2017나60152

중개수수료

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On October 4, 2016, the Defendants entered into a contract with D to purchase a sales price of KRW 1,330,000,000,000, for the Plaintiff, a licensed real estate agent, on the part of the seller, for the purchase of the seller’s Ma large-scale 180 square meters and its 4-story reinforced concrete building building owned by D

(hereinafter “instant sales contract”). B.

On the date of the instant sales contract, the Plaintiff issued a description verifying the object of brokerage to the Defendants, and indicated the violation as “[+] violation” in the building ledger of the description verifying the object of brokerage, and stated the violation as “(i) the wooden stairs of the first floor, ② the 8th floor warehouse of the second floor, ③ the 2th floor warehouse of the fourth floor, ④ the 3-4th floor unit as “a house.”

C. In addition, the brokerage remuneration column of the description confirming the object of brokerage is indicated as “1,970,000 won” calculated by multiplying the said product by 0.9%. Article 7 of the sales contract is not liable for the seller or buyer’s nonperformance of this contract. In addition, if both parties to the contract make payment at the same time as this contract was concluded, brokerage remuneration shall be paid even if this contract is invalidated, cancelled, or terminated without the intention or negligence of the practicing licensed real estate agent. Meanwhile, it is referred to as at the time of preparation of the description confirming the object of brokerage delivered to the Defendants, and presented to the Defendants, it is not entirely stated in the building ledger (Evidence No. 3-1, No. 1, No. 1, and No. 1) of October 3, 2016, which was issued by the Defendants after the conclusion of the instant sales contract, and the content of the pipe No. 2160, Oct. 18, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 and 2, Gap evidence 3-1, 2, Gap evidence 5, and Eul Nos. 1 and 1.

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