(영문) 인천지방법원 2017.07.20 2017나52330

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자간(%)

(영문) 인천지방법원 2017.07.20 2017나52330

부동산중개수수료

Text

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

The reasoning for the court's explanation of this case is that "part of witness B and C's testimony" of the second 13th judgment of the court of first instance is "part of witness B and C's testimony" of the second 13th judgment, and it is identical to the part of the reasoning of the judgment of the court of first instance except for addition of the judgment of the plaintiff in the court of first 2th judgment as to the plaintiff's assertion in the court of first - as stated in the main sentence of Article 420 of the Civil Procedure Act

The plaintiff asserts that since the defendant interfered with the fulfillment of the terms and conditions of the terms and conditions of the brokerage commission called sexual intercourse with the aim of evading the payment of brokerage commission, the plaintiff asserts that the terms and conditions should be deemed fulfilled and paid the brokerage commission.

However, it is only based on the nature of the real estate brokerage contract, and it is difficult to view that the conclusion of the brokerage contract is a condition for the payment of the brokerage fee.

Furthermore, even if a sales contract or a lease contract for the instant land becomes a condition for the payment of brokerage fees, it appears that a contract arranged by the Plaintiff under the overall purport of testimony and pleadings by a witness C of the first instance trial was not concluded only due to the difference between the parties to the contract, etc., and thus, it is insufficient to recognize that the Defendant obstructed the conclusion of a sales contract or lease contract for the instant land against the good faith and trust and good faith, and there is no other evidence to prove otherwise.

As a result, the plaintiff's assertion does not seem to have any mother and is without merit.

Thus, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed.

참조조문

-민사소송법 제420조

유사 판례

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