(영문) 창원지방법원 2016.03.22 2015가단13709

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(영문) 창원지방법원 2016.03.22 2015가단13709

중개수수료

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1. The Defendant’s KRW 48,600,000 as well as 5% per annum from June 19, 2015 to March 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a licensed real estate agent’s office, operates a real estate brokerage office called B Licensed Real Estate Agent Office. As to the sale of Kimhae-si, D, E, F, G, H (six parcels) and its ground buildings owned by the Defendant (hereinafter “instant real estate”), the Plaintiff entered into the exclusive brokerage contract with the Defendant by setting the contract term from July 27, 2012 to January 30, 2013.

B. On March 14, 2013, after the expiration of the period of the exclusive brokerage contract, the Plaintiff: (a) sold the instant real estate to Danamsan Co., Ltd. (hereinafter the Plaintiff omitted); (b) accordingly, the Defendant determined KRW 9,000,000 as the purchase price of the instant real estate between Donam and Donam Water Industry on the same day and KRW 400,000 as the intermediate payment when concluding a contract, KRW 400,000 as the down payment, KRW 8,50,000 as the remainder on April 13, 2013; and (c) the same year.

6. A sales contract was concluded to pay each of the 15th payments (hereinafter “instant sales contract”).

C. As to the instant sales contract, Article 7 of the sales contract provides that “real estate broker shall not be liable for a seller’s or buyer’s nonperformance of this contract.” In addition, at the same time as this contract is concluded, both parties to the contract shall pay the brokerage commission even if this contract is invalidated, revoked or terminated without the intention or negligence of the broker. In the case of a joint brokerage, the seller and the buyer shall pay the brokerage commission (the brokerage commission shall be 0.9% of the transaction price) to the broker whom they have requested the brokerage, and the description of confirmation of the object of the sales contract attached to the said sales contract stated that KRW 81,00,000 shall be determined as the brokerage commission.

The instant sales contract between the Defendant and the Southern Construction was rescinded.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 and 6, the purport of the whole pleadings

2. The parties' arguments and judgments.

유사 판례

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