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(영문) 서울서부지방법원 2016.01.22 2015나3239
중개수수료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around 2013, the Defendant owned a building of 188 square meters in Eunpyeong-gu Seoul and 188 square meters on its ground (hereinafter collectively referred to as “instant real estate”), and around 2013, deposited the instant real estate in a nearby real estate brokerage office, such as “F Licensed Real Estate Agent Office,” as sold the instant real estate in kind at approximately KRW 1.7 billion (hereinafter referred to as “F Licensed Real Estate Agent Office”). On March 2014, the Defendant, who was operating the instant real estate brokerage office in the vicinity of the instant real estate, notified the Plaintiff, who was operating the instant real estate brokerage office, of the contact address of the purchaser of the instant real estate in the name of “D”, and requested the Plaintiff to mediate and arrange the instant real estate sales contract by agreement between the Defendant and E as soon as possible.

B. On April 2014, the Plaintiff was authorized to purchase the instant real estate at an annual rate of KRW 24 million to those who seem to have the intent to purchase the instant real estate, including E, but E responded only to the Plaintiff, since E was a price consultation through a F Licensed Real Estate Agent Office, since E had an intention to purchase the instant real estate.

C. On April 11, 2014, the Defendant concluded a sales contract with E to sell the instant real estate at KRW 1.37 billion between E and the brokerage assistant G of the F Licensed Real Estate Agent Office.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion: (a) on March 2014, the Defendant entered into an exclusive brokerage contract that only allows the Plaintiff to mediate the instant real estate when the Defendant requested the Plaintiff to sell brokerage; and (b) even if the Plaintiff actually completed the sales brokerage contract between the Defendant and the buyer, the Defendant excluded the Plaintiff from paying brokerage fees for the purpose of evading payment of brokerage fees.

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