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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The summary of the case is that the Plaintiff, a certified broker, has mediated the real estate sales contract concluded between the Defendant Foundation, C and the Defendant Company, and E, and the Defendants seek payment of brokerage fees.
In fact, around April 2009, the defendant Foundation and its representative requested F to sell the land and above ground buildings owned by the defendant Foundation located in the location of G Hospital operated by the defendant Foundation to F in total of KRW 27.5 billion to KRW 27.5 billion to KRW 28 billion.
The F mediated the purchase of each of the above real estate to K around May 2009, around June 2009, and around July 2012, including attempting to mediate Defendant E, but not until July 2012, the F mediated the purchase of each of the above real estate to many original buyers including L and M, etc., but the trade was not caused due to the difference in the desired purchase price.
On January 17, 2013, a sales contract was concluded between Defendant Foundation, C and Defendant Company with a total of KRW 19 billion for each of the above real estate (= KRW 2 billion for real estate owned by Defendant C owned by Defendant Foundation).
【In the absence of dispute, the Plaintiff’s assertion on the issue of Gap’s evidence Nos. 1, 2, 4, 6, 9, and Eul’s evidence Nos. 3 (including a serial number), witness F’s testimony, and the overall purport of the pleading (whether to recognize the obligation to pay brokerage commission) was made due to the Plaintiff’s act of brokerage as a broker assistant. As such, the sales contract concluded between the Defendant Foundation, C and the Defendant Company (Defendant E, the representative director), the seller, and Eul are jointly and severally liable to pay to the Plaintiff KRW 216 million under the Enforcement Rule of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (=the purchase price of KRW 24 billion x the brokerage commission fee of KRW 0.9%).
The Defendants’ assertion by the Defendants, the Defendant Foundation, and C, to F, the so-called “a real estate broker”, are acting as a broker for the instant real estate.