logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.26 2018나65483
용역비
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a practicing licensed real estate agent, and the Defendant C was the owner of 1396 square meters and 305 square meters prior to D in Jeonnam-si (hereinafter “each of the instant lands”), and the Defendant B is the husband of Defendant C.

B. On November 2, 2017, Defendant C sold each of the instant land to F Co., Ltd. (hereinafter “F”) by setting the sales price as KRW 1.9 billion (hereinafter “instant sales contract”), and on the same day, Defendant C completed the registration of ownership transfer on each of the instant land in the F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 7, and 18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, as a practicing licensed real estate agent, mediated the conclusion of the instant sales contract between F and F upon receiving a request from the Defendants for the brokerage of selling each of the instant lands.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 18,810,000 won [=17,10,000 won = 17,10,000 won [1.9 billion won x 0.9% (trade commission rate)] and delay damages (1,710,000 won] as brokerage commission for the conclusion of the instant sales contract.

B. The Defendants did not commission the Plaintiff to mediate the sale of each of the instant land.

3. Determination

A. Article 32(1) of the Licensed Real Estate Agents Act provides that "the practicing licensed real estate agent shall receive the prescribed remuneration from the client with respect to the brokerage business," and the real estate brokerage contract exists in order to recognize the practicing licensed real estate agent's right to claim the brokerage commission.

The facts that Defendant C and F entered into the instant sales contract on November 2, 2017 are as seen earlier, and comprehensively taking account of the overall purport of the pleadings in the respective descriptions of Gap evidence Nos. 1, 2, 10, 11, 12, 15, 16, 18, 20, 23, 24, and 29 (including each number of numbers), the Plaintiff was requested by F to intermediate purchase of each of the instant lands, and the Plaintiff was to enter into the instant sales contract.

arrow