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1. It is confirmed that the Plaintiff’s brokerage commission payment obligation against Defendant D does not exist.
2. The plaintiff's defendant.
Reasons
1. Facts of recognition;
A. Defendant B and C are married couple, who entered into a supply contract with the E Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) on December 6, 2016, with respect to G apartment H to be newly built in the FF won in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the total supply amount of KRW 463,10,000,00, the amount of rights, KRW 192,200,485, the charge amount of KRW 270,89,515, and Defendant D is a licensed real estate agent operating the I Licensed Real Estate Agent’s Office.
B. On September 3, 2018, Defendant D sent the Plaintiff’s instant legal representative, a de facto spouse of the Plaintiff (hereinafter “Plaintiff’s agent”) a text message to the Plaintiff’s legal representative, as well as the detailed statement of notification of expected allotment and the supply contract photographs made between Defendant B, C, and the instant association from the instant association as text messages, and introduced the right to move into the business executed by the instant association. On September 4, 2018, Defendant D sent the following text messages (hereinafter “instant text messages”). On September 4, 2018, Defendant C sent the Defendant C’s photograph as text messages.
【G아파트 입주권 계약서 송부】 (1)거래당사자 ◈ 매도자 : B, C (대표조합원:C) ◈ 매수자 : A (2)매매목적물 -권리소재지 : 서대문구 J, K -입주권 : G아파트 H호 (3)감정평가액: 197,981,546 (4)권리가액 (87.02%적용) : 172,283,541 (5)프리미엄 : 405,000,000원 (6)입주권 매매가 = 권리가액 프리미엄 = 577,283,541 (6)계약금(240,000,000원) 6-1. 계약금조로 매도인이 한국자산공사에서 불하받은 상기 권리소재지 2필지의 종전자산평가금액인 170,000,000원을 지급하며, 매도인은 당일 해당토지에 대출상환 및 매수인에게 명의변경은 동시이행의무가 있다.
6-2. A seller shall be liable to repay a loan for moving expenses (70,000,000 won: L bank) on the date of the contract, and to succeed to a buyer's moving expenses at the same time.
At this time, the amount of the buyer's moving expenses shall be within 40% of the appraised value, or individual.