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(영문) 수원지방법원 2018.04.20 2017나70717
기타(금전)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Plaintiff is a licensed real estate agent operating the “A Licensed Real Estate Agent Office”.

On May 12, 2014, the Defendants and Co-Defendant B of the first instance trial concluded a sales contract with I on May 12, 2014 (hereinafter referred to as “first sales contract”) with regard to the land in this case as to the seller I, B, and the Defendants (the purchaser representative B), five billion won in the purchase price (4.7 billion won in the remainder of 3.7 billion won in the contract amount), and the remainder payment date as of November 12, 2014 (hereinafter referred to as “first sales contract”); B, five million won in the first sales contract with B,50,000 won in the contract amount; Defendant E, 250,000 won in the first sales contract with Defendant E,250,000 won in the same day; and Defendant D, 250,500,000 won in each of the above lands (hereinafter referred to as “the above land”). On the same day, Defendant G and 250,50,000 won in each of the following parts.

(A) No. 3-1, 2-2. The plaintiff and the real estate agent's director who was requested to act as a broker by the buyer and the seller's first sales contract jointly concluded the first sales contract (Evidence No. 1 of the A), and the "specification of confirmation of the object of brokerage" prepared at the time stated that the brokerage commission of the above sales contract is KRW 4,540,000 (Calculation details: KRW 5,060,000 x 0.9%, value-added tax separately).

(A) 【No. 2’s ground for recognition】 The Defendants, the co-owners of the first sales contract, requested the Plaintiff to mediate the first sales contract, in addition to the Plaintiff’s assertion that there was no dispute, as indicated in Gap’s evidence No. 1, 2, and 3-1, 2, and 4, the testimony by the witness of the court, the entire purport of pleading, and the Plaintiff’s assertion and judgment.

Therefore, the Defendants are jointly and severally liable with B and C to pay the Plaintiff the intermediary fee for the first sale contract. It is not that of domestic affairs.

Even if the first sale contract was concluded on July 1, 2015, the Defendants’ failure to pay the remainder was cancelled, and thereafter, the Defendants purchased part of the instant land from I on August 3, 2015.

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