부동산중개수수료 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “E” in the building located in Gangnam-gu Seoul Metropolitan Government D.
B. On September 7, 2018, the Defendants concluded a sales contract with Defendant C Co., Ltd. (hereinafter “Defendant Company”) to sell the Gangnam-gu Seoul Metropolitan Government F building (former name was changed to “G building”; hereinafter “instant real estate”) at KRW 11.5 billion (hereinafter “instant sales contract”).
C. The instant sales contract is written by KJ of Gangnam-gu Seoul Metropolitan Government H and I as a broker.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 5, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) recommended the purchase of the instant real estate after being commissioned by the Defendant Company to intermediate the purchase of the building from the Defendant Company, and contacted Defendant C’s ASEAN with each other, to confirm the site of the instant real estate as well as to adjust the purchase price, and as such, the Defendants are obligated to pay to the Plaintiff each of 80,50,000 won (=1.5 billion won x 7/1,000) as a brokerage commission, and the delay damages therefor. 2) The Defendants did not have mediated or contributed to the conclusion of the instant sales contract, and the Defendants concluded the instant sales contract as a broker of K, which is another broker.
B. 1) A broker of the relevant legal doctrine may claim a payment of brokerage commission only when a contract has been concluded between the client and the other party by his/her own act of brokerage, and even if the broker has made an endeavor as a broker, insofar as the contract has not been concluded by his/her act of brokerage, it cannot claim a reasonable brokerage commission in proportion to his/her endeavor (see Supreme Court Decision 4289Sang81, Apr. 12, 1956).