Text
1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.
2...
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is brokerage business and consultation on the use and development of real estate, and the Defendants are co-owners of real estate listed in the attached Table (hereinafter “instant real estate”).
B. On November 2016, the Plaintiff was requested by Defendant B, representing the Defendants, to sell the instant real estate.
At the time, the instant real estate was unable to secure a vehicle access route according to the district unit planning and was faced with difficulties in developing a new building. However, the Plaintiff promoted measures to jointly develop the instant real estate along with the Eunpyeong-gu Seoul Metropolitan Government K Land and L Land (hereinafter “ neighboring land”).
In the case of neighboring land, the area is much smaller than the real estate in this case, but the vehicle access road is secured, and it is expected that the development together with the real estate in this case would have the effect of cross-marketing.
C. The Plaintiff colored a person to purchase the instant real estate and neighboring land together, and confirmed his intention to purchase from H Co., Ltd. (hereinafter “H”).
On July 14, 2017, the Defendants and H entered into a sales contract for the instant real estate as a broker of the Plaintiff. The draft of the sales contract was written by the Plaintiff’s Licensed Real Estate Agent M.
According to the above sales contract, the sales price of the instant real estate is KRW 18,480,00,000, and H shall pay KRW 2,770,000 as down payment until August 30, 2017, and KRW 15,710,00,000 as down payment until May 14, 2018.
H Until August 30, 2017, up to August 30, 2017, the Defendants paid all the down payment stipulated in the said sales contract.
In lieu of receiving brokerage fees from the Defendants pursuant to a sales contract, the Plaintiff entered into a contract with the Defendants for consulting on sale of real estate (hereinafter “instant service contract”).
The details of the instant service contract are as follows.
(A) “A” refers to the Defendants, and “B” refers to the Plaintiff.