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(영문) 부산지방법원 2018.11.15 2018가단1083
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff, a licensed real estate agent, arranged for the purchase of the Plaintiff’s land and building B (hereinafter “instant real estate”) in Busan Dong-gu, Busan to KRW 730,000,000 for the purchase price, and entered into a real estate consulting agreement to pay the consulting fee instead of the brokerage commission as follows:

(hereinafter “instant agreement”). (1) The Plaintiff does not receive an authorized brokerage commission for the trading brokerage following the trading brokerage at the time of the purchase or sale of real estate.

(2) The amount of consulting fees shall be 20% of the profits derived from deducting expenses incurred after the sale of the instant real estate.

(3) In principle, the total profits shall be sold at least 100 million won.

However, the plaintiff presented his/her opinion to the defendant in excess of the amount presented by the desired purchaser, and if the defendant does not accept it, the amount proposed by the successful bidder shall be calculated by calculating the amount of the consulting fee as the sale amount.

B. On September 20, 2017, the Defendant sold the instant real estate to KRW 1.2 billion through other intermediaries than the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The parties' assertion;

A. According to the instant agreement, the Plaintiff asserted that 10 or more real estate brokerage offices in the vicinity of the instant real estate had bruping, and had publicized the sales price of KRW 1.1 billion on the Busan Yansansan Busan Gaye and the commercial Doard, thereby raising the value of the instant real estate to at least KRW 1.1 billion.

The other broker directly contacted the defendant and proposed that the other broker would sell the real estate of this case in KRW 1.2 billion as a brokerage fee to sell it in KRW 1.2 billion.

The defendant stated this content to the plaintiff, and the plaintiff consented so that the defendant can sell the real estate of this case at KRW 1.2 billion.

The plaintiff cannot receive money at all if there is no profit margin by stipulating that 20% of brokerage commission should be allocated without profit margin.

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