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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
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 D Licensed Real Estate Agent Office.
B. Around August 2015, the Defendants requested the Plaintiff to purchase housing, and on October 26, 2015, purchased from Nonparty E the purchase price of KRW 910,000,000 from Daegu Suwon-gu, 103 Dong 906 (hereinafter “instant real estate”). The sales contract was concluded to pay KRW 70,00,000 for intermediate payment at the time of the contract, and the intermediate payment of KRW 20,000,00 for KRW 820,000 on November 10, 2015 (hereinafter “the first sales contract”).
C. At the time of the preparation of the first sales contract of this case, a description of confirmation of the object of brokerage including the current status and relationship of rights, public law regulations, the type and tax rate of tax to be borne at the time of acquisition was also prepared. The Plaintiff signed and sealed the “licensed real estate agent for brokerage” column of the said contract and the description of confirmation of object of brokerage.
Article 7 of the first sale and purchase contract of this case does not assume the responsibility of the seller or the buyer for the non-performance of this contract. In addition, brokerage fees are paid by both parties to this contract at the same time, and brokerage fees are paid even if this contract is invalidated, revoked or terminated without the intention or negligence of the licensed real estate agent for the commencement of the business. In the case of a joint brokerage, the seller and the buyer respectively make payment to the licensed real estate agent for the commencement of the business who they requested the brokerage.
E. A description of confirmation of the object of brokerage related to the initial sales contract of this case is printed with the same word “9,009,000 won (including additional tax), details of calculation 910,000,000 x 0.9%”.
F. On January 11, 2016, E and the Defendants, a seller, concluded a new sales contract with the purchase price of KRW 895,000,000 for the instant real estate (hereinafter “instant final sales contract”).