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(영문) 서울고등법원 2017.06.29 2016나2073666
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” in Gangnam-gu Seoul Metropolitan Government, and E is a licensed real estate agent who runs the real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” in Gangnam-gu Seoul Metropolitan Government H. (2) The Defendant is a person who owned the Gangnam-gu Seoul Metropolitan Government D large 296.2m2m2 and I building, which is a Class II neighborhood living facility on its ground (hereinafter “instant real estate”).

B. On June 19, 2015, the Defendant entered into a sales contract for the instant real estate (i.e., the process of entering into a sales contract for the instant real estate) with the competent school foundation (hereinafter “mining institute”).

B) The sales contract between the Defendant and the KUA to sell the instant real estate owned by the Defendant at KRW 11,60,000,000 (hereinafter “instant sales contract”).

In concluding a contract of this case, the Defendant and the representative of Chosung Institute, a seller, affix their signatures and seals respectively on the sales contract of this case, and the Plaintiff as a seller broker and E as a buyer, respectively. Of the sales contract of this case, the content relating to the brokerage is as follows. Article 7 practicing licensed real estate agent is not liable for nonperformance of this contract between the seller and the buyer. In addition, brokerage fees are paid by both parties to the contract at the same time as this contract was concluded and the brokerage fees are paid by both parties to the contract, and brokerage fees are paid even if this contract is null and void, cancelled or cancelled without the intention or negligence of the practicing real estate agent.

Article 9) A practicing licensed real estate agent shall prepare a description of confirmation of the object of brokerage and deliver it to both parties to the transaction simultaneously with the conclusion of the contract along with a copy of the business guarantee certificate (certificate of credit, etc.) (iii) this contract is subject to transfer or acquisition agreement under the Value-Adde

2. The Plaintiff and E concerning the instant real estate at the time of concluding the instant sales contract.

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