beta
(영문) 창원지방법원 2019.11.07 2018나4950

부동산중개보수료

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Facts of recognition;

A. On November 24, 2015, the Plaintiff, a licensed real estate agent, arranged a contract with D to purchase E forest land 3,509 square meters, F, 150 square meters prior to G, 127 square meters prior to H, part of 139 square meters out of 860 square meters prior to H, and part of 167 square meters out of 1,943 square meters prior to I (hereinafter “the first sale contract in this case”).

The relevant contents of the above sales contract are as follows.

(1) Sales proceeds and methods of payment: one billion won.

Won. The down payment of KRW 3 million shall be paid at the time of contract and received at the time of receipt, intermediate payment of KRW 70 million shall be paid on December 30, 2015, and the remainder of KRW 900 million on February 27, 2016, respectively.

(2) Brokerage remuneration: A licensed real estate agent shall not be liable for the seller's or buyer's non-performance of this contract.

In addition, brokerage fees shall be paid by both parties at the time of the conclusion of this contract, and brokerage fees shall be paid even if this contract has been invalidated, cancelled, or cancelled without the intention or negligence of the licensed real estate agent.

In the case of joint brokerage, the seller and the buyer shall pay the brokerage remuneration respectively to the licensed real estate agent who has requested such brokerage.

(3) The name of an authorized or permitted special agreement shall be obtained in the current land owner's name, and the current purchaser shall succeed to the remaining price after the payment thereof.

The current seller shall be responsible for and removed from the grave located on the land of this contract, 2-years, annuals, and 2-years.

(s) Omission of machine provisions)

B. On November 25, 2015, the Defendant paid D the down payment of KRW 30 million, and the intermediate payment of KRW 20 million on February 4, 2016, which was the date of the intermediate payment payment, respectively. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) paid KRW 100 million to D on February 29, 2016 and March 31, 2016, but did not pay the remainder of KRW 750 million.

C. Among them, the Plaintiff, the Defendant, and D shall be deemed to have been registered as owned by D among the initial land of this case, and the land of this case, E, G, and F (hereinafter referred to as “instant land”).