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(영문) 서울중앙지방법원 2016.05.27 2015나36265
중개보수
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended from the trial) is dismissed.

3...

Reasons

1. Basic facts

A. An independent party intervenor (hereinafter “participating”) is a juristic person operating real estate brokerage business, and the Plaintiff is a licensed real estate agent as an internal director and representative of the intervenor.

B. The Plaintiff was aware of the Defendant from May 201, and the Defendant requested the Plaintiff to purchase the building near Seoul I Station around May 2012.

Accordingly, the Plaintiff introduced the building in Gangnam-gu Seoul (hereinafter “instant building”) to the Defendant, and thereafter, investigated and notified the Defendant of the current status of the instant building, lessee status, etc., and attempted to reduce the purchase price among C and the Defendant, the owner of the instant building, on several occasions.

C. The initial sale price offered by C was 3.6 billion won, but the purchase price was 3.5 billion won between C and the Defendant on October 15, 2012 through the process of compromise, and the purchase price was 3.5 billion won.

However, as the Defendant changed its position and claimed 3.47 billion won as a purchase price, the Plaintiff re-afforested C, and eventually agreed on the purchase price at KRW 3.47 billion.

Accordingly, in order to prepare for the conclusion of a contract to be made on the following day, the Plaintiff prepared a sales contract that sets the sales amount of KRW 3.47 billion in advance.

The contract of sale and purchase entered “(D) Representative A” in the column of licensed real estate agents, and ② the brokerage remuneration was stated as “actual cost:30 million won, and the completion of agreement on both sides of purchase and sale.”

However, on October 16, 2012, on the date of the conclusion of the contract, C did not obtain the consent of its wife and reversed its intention to sell, and eventually, the sales contract between C and the defendant was concluded.

E. After that, the Defendant indicated C through the Licensed Real Estate Agent E (G Licensed Real Estate Agent Office) the intent to purchase the instant building, and eventually, on February 20, 2013, the sales contract was concluded between C and the Defendant with respect to the instant building at KRW 3.53 billion.

[However, the buyer was written by the defendant and J (the defendant's two children) and the defendant.

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