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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent operating a real estate brokerage office under the trade name of “C Licensed Real Estate Agents,” and Nonparty D is a person registered with Seocho-gu Office having jurisdiction over the said office as a brokerage assistant assisting the Plaintiff’s real estate brokerage business and is also the representative director of E (E) conducting real estate-related business.
B. On October 30, 2013, the Defendant concluded a sales contract with Nonparty F and four other (hereinafter collectively referred to as “instant seller”) to purchase the land and its ground buildings in Gangnam-gu Seoul Metropolitan Government ( collectively referred to as “instant real estate”) with the purchase price of KRW 11.95 million (hereinafter referred to as “instant sales”).
C. Article 9(1) of the instant sales contract provides that “The brokerage commission shall be 0.9% of the sales price (excluding value-added tax)” and Article 9(2) provides that “The time of payment shall be 50% of the sales price and 50% of the balance at the time of the contract.”
However, in the margin part of Article 9 of the original sales contract of this case kept by the Defendant, the phrase “the buyer’s brokerage commission shall be determined within the limit of 0.9% of the sales price” is written (the phrase is written by Nonparty H who performed duties on behalf of the Defendant as to the instant sales contract) and D written his signature on the right side of the phrase above.
E. The instant sales contract signed or sealed each of the instant sellers and the Defendant as the parties to the contract, and the Plaintiff signed or sealed the instant sales contract as a broker who arranged the instant sales contract, and D signed or sealed the instant sales contract as a representative of E and as a witness to the instant sales contract.
F. The instant seller is the Plaintiff’s bank account. ① On October 30, 2013, the instant sales contract was concluded, the sum of KRW 59,145,000, and the following day; ②.