(영문) 대구지방법원 2016.01.21 2015나307263

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(영문) 대구지방법원 2016.01.21 2015나307263

용역비

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C and D requested the Plaintiff operating the E Licensed Real Estate Agent Office to sell the land and its ground buildings (hereinafter “instant real estate”). The Defendant requested a new World Real Estate Brokerage Company to purchase real estate.

B. On March 20, 2014, the Plaintiff and the New World Real Estate Brokerage Co., Ltd. entered into a real estate sales contract with the Defendant to purchase the instant real estate from C and D for a price of KRW 945 million, and paid the down payment of KRW 90 million.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff asserts that the judgment on the cause of the claim in this case is the cause of the claim in this case, and since the above sales contract was concluded with the plaintiff as a broker for the new and new real estate brokerage company, the defendant is obligated to pay 8.5 million won, one of the intermediaries, which is half of the brokerage commission, to the plaintiff.

However, as seen earlier, since the party who requested the Plaintiff to sell the instant real estate is not the Defendant but the seller, the seller is not C and D, even though the Plaintiff may claim against C and D, the other party to the brokerage contract, it cannot be claimed against the Defendant, not the party who entered into the brokerage contract with the Plaintiff, and there is no evidence to prove otherwise that there was an agreement between the Plaintiff, the Defendant, and the New World Real Estate Brokerage Co., Ltd. to pay half of the brokerage commission the Defendant paid to the Plaintiff directly. Thus, the Plaintiff’s assertion is without merit without further review.

(If the broker agrees to divide one half of the brokerage commission, it shall not affect the defendant who is the third party). 3. If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be concluded.

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