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1. The Defendants each amounting to KRW 15,015,00 per annum from July 29, 2017 to July 19, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On July 28, 2017, the Plaintiff, a licensed real estate agent operating the D Licensed Real Estate Agent Office, concluded a sales contract with the Plaintiff’s brokerage that the Defendants would purchase the real estate price of KRW 3.9 billion from E Co., Ltd. (the trade name before the change is F Co., Ltd.; hereinafter “NF Co., Ltd.”) for the purchase of KRW 198.2 square meters in Gangnam-gu, Seoul (hereinafter “the instant real estate price”) for KRW 3.9 billion (hereinafter “the instant sales contract”).
B. In concluding the instant sales contract, the Defendants agreed with the Plaintiff to pay KRW 38,610,000,000, plus 10% of value-added tax, for real estate brokerage fees of KRW 35,100,000,000, the purchase price of KRW 3.9%.
C. Meanwhile, Article 7 of the instant sales contract provides that “A practicing licensed real estate agent is not liable for a seller’s or buyer’s nonperformance of this contract. In addition, brokerage fees shall be paid by both parties to this contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence by the practicing licensed real estate agent.”
However, on August 18, 2014, the non-party company borrowed funds from financial institutions, such as HF, and entered into a real estate security trust agreement with the non-party company I (hereinafter “I”) with the financial institution as the priority beneficiary. As to the instant real estate, the transfer registration in the name of I was completed on August 18, 2014.
As such, at the time of the conclusion of the instant sales contract, there were circumstances such as the transfer of ownership in the name of I with respect to the instant real estate, the Defendants and the non-party company stipulated the following special terms regarding the method of the execution of the instant sales contract:
The sales contract of this case: 3.9 billion won (the contract amount shall be KRW 400 million, the balance of KRW 3.5 billion shall be paid on August 15, 2017).