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(영문) 창원지방법원 2017.09.06 2017나50734
중개수수료 청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating the “D Licensed Real Estate Agent Office” at the window C of Changwon-si.

B. On May 16, 2014, the Defendant’s lawsuit against Defendant E, a co-defendant of the first instance court, was concluded on December 7, 2016 by the Plaintiff’s brokerage.

From the Changwon-si's window, F Co., Ltd. entered into a contract under which F Co., Ltd. will take over the right of lease, facilities, etc. concerning Nos. 202 and 203 (hereinafter referred to as "the commercial building of this case") (hereinafter referred to as "the contract for acquisition or transfer of this case").

C. The main contents of the transfer/transfer contract of this case are as follows.

1. Location of indication of real estate: Trade name at the window of Changwon-si, 1, 202 and 203: G;

2. Total premium under Article 1 (Purpose) of the Terms and Conditions of Contract: 38,00,000 won: The balance of KRW 4,000,000 (payment at the time of a contract and receipt) shall be paid in 34,000,000, and May 26, 2014.

Article 4 (Cancellation of Contract) (1) In the event that the assignee does not have an intermediate payment (in the absence of an intermediate payment agreement, the transferor shall compensate for the amount double the down payment, and the transferee may waive the down payment and rescind this contract.

(3) The transferor shall endeavor to conclude a lease agreement with the owner and the transferee to the maximum extent possible on the basis of the terms and conditions of the lease agreement (any change may be made at the request of the owner) set forth below, and where the lease agreement is not normally concluded or does not proceed, the contract for this right and water supply shall be rescinded, and the down payment and intermediate payment received by the transferor shall

Article 5 (Service Fees) A broker shall not be liable for default between the parties to a contract.

In addition, at the time of the conclusion of this contract, the service fees shall be paid by the transferee to the transferee [the deposit for lease on a deposit basis x 100] x legal fees x legal fees x the transferor [the deposit for lease on a deposit basis x 100] x legal fees x additional taxes.]

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