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(영문) 서울고등법원 2015.01.28 2014나46473
불법행위에기한 손해배상 등
Text

1. Of the part of the first instance judgment’s claim for the refund of brokerage commission against the Defendants, the following amount of money ordered to be paid.

Reasons

1. The scope of this court’s trial before remanding the case, the Plaintiff claimed against Defendant B for the payment of penalty of KRW 53,300,000 due to the cancellation of a sales contract, and the Defendants for the payment of damages for breach of obligations under the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act, or for the payment of KRW 7,200,000,000,000,000,

Accordingly, the Plaintiff filed an appeal against the Defendants, and the Supreme Court rendered a judgment that “The part concerning the claim for the return of brokerage commission against the Defendants is reversed, and that this part of the case is remanded to the Seoul High Court. The Plaintiff’s remaining appeal is dismissed.”

Therefore, among the judgment prior to remand, the part of the claim for penalty against Defendant B and the claim for damages equivalent to KRW 7.2 million against the Defendants is finalized by the above judgment of remand, and only the part of the claim for the refund of brokerage commission is subject to the judgment of this court.

2. Determination as to the claim for refund of brokerage commission

A. Facts of recognition 1) The Plaintiff, G, and H (hereinafter “Plaintiff, etc.”)

(2) On December 14, 2006, the Defendants entered into the instant sales contract with C, I, and B on December 14, 2006, where eight parcels of land, including 80 square meters, K miscellaneous land, and part of the above land, which are sold in KRW 1.6 billion in the price. (2) The Defendants are not qualified as licensed real estate agents, and therefore, they did not have the registration of establishment of the brokerage office.

3) On December 4, 2006, the Plaintiff, etc. paid to the Defendants the sum of KRW 40 million out of KRW 160 million received as down payment on December 4, 2006, and KRW 640 million out of KRW 50 million received as part payment on January 12, 2007, and KRW 90 million out of KRW 50 million on the part of the intermediate payment on January 12, 2007, as a brokerage commission. 4) The Plaintiff and H paid against the Defendants the sum of KRW 75 million out of KRW 90 million paid as the brokerage commission by Suwon District Court Decision 2009Da3987, which exceeds the limit stipulated in the provisions on real estate brokerage commission.

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