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(영문) 서울중앙지방법원 2017.09.12 2016가단5264719

중개수수료 청구의 소

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1. The Defendants each of the KRW 90,000,000 to the Plaintiff and each of them to Defendant A from July 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a real estate intermediary corporation, and the Defendant B (hereinafter “Defendant B”) is the former owner of the land and the third floor of the building site in Sungnam-si, Sungnam-si, the seller of the building, and the Defendant A Co., Ltd (hereinafter “Defendant A”) is the buyer of the sales contract as the present owner of the building in this case.

B. Defendant B completed the registration of ownership transfer to Defendant A on July 29, 2016, based on the sales contract with the purchase price of KRW 24.8 billion on July 11, 2016 for the instant building.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Eul evidence 2-1, 2-2, Eul evidence 2-1, 2-2, and Eul evidence 2-1, 2-2, and the purport of whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff 1) Although the Plaintiff rendered brokerage services at the request of the Defendants, the Defendants intentionally excluded the Plaintiff and concluded a sales contract on the instant building, and the Defendants are obligated to pay the Plaintiff KRW 223,200,000 (=24.8 billion x 0.9%) as real estate brokerage fees. However, the Plaintiff seek for payment of KRW 90,000,00 as part of each of the above monetary claims against the Defendants. Even if the Plaintiff is not recognized as a compensation claim under a brokerage contract, the Defendants’ act constitutes an unlawful act in violation of the good faith that interferes with the Plaintiff’s occurrence of the Plaintiff’s legitimate compensation claim, and thereby, the Plaintiff sustained damages equivalent to the brokerage payment claim, and the Defendants are obligated to pay the relevant monetary amount to the Plaintiff.

B. Defendants 1) did not commission the Plaintiff to act as a broker for the instant building. In other words, with respect to the sale of the instant building, the Defendants had already concluded a provisional contract between Defendant B and Defendant C, and the Plaintiff was also aware of such circumstances. 2) Materials that the Plaintiff received from Defendant B, and provided to Defendant A.