중개수수료지급청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a licensed real estate agent having an office in Ansan-si, and C is a brokerage assistant of the Plaintiff’s brokerage office operated by the Plaintiff.
B. During Ansan-si, the Defendant was the owner of the Dong-gu 646.2 square meters (hereinafter “instant land”). On March 25, 2015, the Defendant entered into a sales contract with E Co., Ltd. (hereinafter “Nonindicted Company”) to sell the instant land at KRW 23 billion (hereinafter “instant sales contract”), and accordingly, entered into the said contract with the E Co., Ltd. (hereinafter “Nonindicted Company”).
5.8. The non-party company completed the registration of ownership transfer on the land of this case.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 3 (including each number), Eul evidence 1 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion was around May 2008, upon receiving a request from the Defendant for brokerage as to the sale of the instant land from the Defendant, and through C, the Plaintiff mediated the instant purchase and sale contract by arranging the remainder of the representative director F of the Defendant and the non-party company, and thereby, the instant sales contract was concluded.
Therefore, the defendant is obliged to pay the brokerage remuneration under the Licensed Real Estate Agent Act to the plaintiff.
B. Determination 1 broker may claim a payment of brokerage remuneration only when a contract has been concluded between the client and the other party by his/her own act of brokerage. Even if the broker has made an endeavor as a broker, as long as the contract has not been concluded by his/her act of brokerage, he/she may not claim brokerage remuneration equivalent to the ratio of his/her endeavor
However, even though the contract has been almost at the same stage due to the act of brokerage of the broker, the client and the other party conspired with each other to avoid the brokerage remuneration, and they concluded a direct contract without excluding the broker.
or the broker has played a critical role in the formation of the contract.