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(영문) 대구지방법원 2021.01.28 2020나307939
중개보수료
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. On July 2018, when the Defendant’s representative director C was aware of a factory building in order to establish the Defendant Company, the Plaintiff introduced a site for D, E, and F factories (hereinafter “instant land”) from the Plaintiff, but the contract did not disappear.

B. On January 10, 2019, the Defendant Company entered into a contract to purchase the instant land at KRW 1,820,000,000, with the introduction of the instant land from Nonparty H, who operates the G A certified brokerage office, and paid KRW 17,820,00,00 as brokerage commission to H.

[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1, 2-1, 2-2

2. The summary of the Plaintiff’s assertion is that: (a) while mediating the instant land to C, the Plaintiff reached the contract immediately before the completion of the contract; (b) while causing a change to C, and (c) while doing so to H.

In doing so, the defendant paid the brokerage commission to H after having involved in H to act as a broker for the land of this case. Thus, the defendant is obligated to pay the broker fee for the land of this case to the plaintiff.

The argument is asserted.

In principle, a real estate broker is entitled to seek a payment of brokerage commission from a client only when the conclusion of a contract has been made by mediating the conclusion of a contract between the parties. Even if the broker has made an endeavor as a broker, unless the contract has been made by the broker, he/she may not claim a reasonable brokerage commission equivalent to the ratio of his/her efforts so far as the contract has not been made by the broker.

However, in exceptional cases where a sales contract has been formed as an act of the real estate broker, but the clients conspired with each other to escape from the brokerage commission and directly concluded a sales contract without excluding the real estate broker, the parties may seek payment of the brokerage commission in accordance with the purport of Article 686 of the Civil Act and the good faith principle in the transaction, etc.

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