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(영문) 인천지방법원 2016.10.26 2015나58617

중개수수료금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The gist of the Plaintiff’s assertion is that the Defendant, in selling to C two parcels of land, including 18,080 square meters of D forest and E forest and 5,554 square meters (hereinafter “instant F land”), KRW 50 million, KRW 975 square meters of G forest and 975 square meters of H forest, KRW 975 square meters of H forest and 975 square meters of land, KRW 1,383 square meters of J forest, KRW 694 square meters of K forest, KRW 445 square meters of L forest, KRW 975 square meters of forest and 975 square meters of forest, KRW 975 square meters of forest and O forest, KRW 1,89 square meters of forest and e., KRW 1,89 square meters of forest and e., KRW 1,89 square meters of forest and e., KRW 1,89,00 between the Defendant and C.

Since brokerage commission is 0.9% of the purchase price, 4.5 million won in the case of the instant F land, and 16.2 million won in the case of the instant Q land.

Therefore, the defendant is obliged to pay 20 million won to the plaintiff.

2. Part of the F land in this case

A. (1) On December 14, 2011, the Defendant entered into a real estate sales contract with C, R and the instant F land on December 14, 201, with the purport of selling the purchase price of KRW 500 million to C and R. A. At the time of the said contract, the Defendant’s seal imprint seal affixed to the contract at the time of the said contract, and the broker column stated “bals agreement.”

On the other hand, the main contents of the above sales contract are as follows.

The down payment and intermediate payment shall be paid in full on April 20, 2012 without paying the purchase price.

The buyer develops the land of this case to the seller before he pays the remainder.

The buyer shall bear the transfer income tax and the business income tax accruing to the seller.

In the land development, the name of the business operator shall be the name of the seller, and after the seller receives all remainder, the name of the permission for construction shall be changed to the buyer alone.

Costs of construction (such as permission costs, civil engineering costs, etc.) shall be fully responsible for the buyer.

(Buyer shall pay all the costs through the seller, and shall pay all the costs of permission and civil works to the seller's passbook before the construction work is completed. The seller shall pay all the costs of permission and civil works.