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(영문) 제주지방법원 2016.07.08 2015가단12276
중개수수료
Text

1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate from August 25, 2015 to July 8, 2016, and the following.

Reasons

The Plaintiff, as a licensed real estate agent, concluded a sales contract on July 23, 2015 by mediating a sales contract for the land D (hereinafter “instant land”) and its ground building between C (seller) and the Defendant (Buyer).

(hereinafter “instant sales contract”). The said sales contract concluded between C and the Defendant was set at KRW 1,230,000,000, and the Defendant paid KRW 120,000,000 to C on July 23, 2015, which is the date of the contract.

The terms and conditions of the instant sales contract are as follows.

1. This contract is a contract under which the owner (seller) has transferred the land to the buyer and has completed the building on the land and trade the land and completed building prior to the approval of use. The buyer has changed the name of the owner from the present owner to the buyer who executes this contract, and the buyer has filed an application for the approval of use and the application has been permitted.

2. Payment schedule;

(a) Contract deposit: The contract date (120 million won);

(b) The first intermediate payment: August 23, 2015 (600 million won) - Registration of land ownership transfer;

(c) Second part: September 30, 2015 (200 million won) - Change of the name of the owner (a certified architect office);

(d) The third part: November 30, 2015 (100 million won);

D. The remainder: The date of receipt of an application for approval for use after completion of the contract, however, the Defendant demanded the cancellation of the contract on the following day after the date of the conclusion of the contract, and the instant contract was rescinded on the mother of the Plaintiff and Defendant C on the grounds that the buyer was responsible for the cause attributable to the buyer, and thus, the broker fee for the contract was fully borne by the buyer.

(hereinafter “instant agreement”). On the original ground of the instant land, the instant land was a slved second-story housing, but the removal was completed on July 29, 2015.

[Ground of recognition] Unsatisfy facts, Gap evidence 1, Gap evidence 2, Eul evidence 2, Eul evidence 3, and mediation and compensation as to the ground of claim of the whole pleadings.

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