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(영문) 서울중앙지방법원 2018.08.16 2017가단5243436
중개수수료청구
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating real estate brokerage business under the trade name of “J Licensed Real Estate Agent Office”, along with I in subparagraph H of the Yeongdeungpo-gu Seoul Metropolitan Government Building.

B. On July 21, 2017, Defendant B, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) and Defendant E entered into a sales contract with Defendant Company and Defendant E for the sale of the purchase price at KRW 7.8 billion for the land of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, L, M, and N and the building of the seven-story hospital (hereinafter “each real estate of this case”) on the ground of the above K andO surface (hereinafter “instant sales contract”). On September 28, 2017, the registration of ownership transfer pursuant to the said sales contract was completed under the name of Defendant Company and Defendant E Co-ownership.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 and 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendants requested the Plaintiff to trade the real estate of this case, and the Plaintiff and the Plaintiff’s representative acted as a broker between the Plaintiff and the Defendants, and the Defendants concluded the instant sales contract with the exclusion of the Plaintiff. As such, Defendant B is jointly and severally liable to pay the Plaintiff the brokerage commission of KRW 70.2 million and the damages for delay thereof, and the Defendant Company and the Defendant E are jointly and severally liable to pay the brokerage commission of KRW 70.2 million and the damages for delay.

B. According to Articles 22, 25, 26, and 32 of the Licensed Real Estate Agents Act, and Article 27-2 of the Enforcement Decree of the Licensed Real Estate Agents Act, in a case where a broker concludes a brokerage contract with a client and provides brokerage services, and then delivers a document stating the content that the broker verified and explained the object, and performs legitimate brokerage activities such as preparing a contract document stating the details of the transaction, such as transaction amount, etc., from the client on the date on which the payment of the transaction price of the object of brokerage is completed or on the date of agreement with the client.

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