(영문) 의정부지방법원 2021.01.11 2020구단181

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Reasons

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(영문) 의정부지방법원 2021.01.11 2020구단181

영업정지처분취소

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1. The plaintiff's conjunctive claim shall be dismissed.

2. The plaintiff's main claim is dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Details of disposition;

A. On November 30, 2009, the Plaintiff registered a real estate brokerage business and commenced the business under the trade name, “C Authorized Broker Office” in Pyeongtaek-gun B.

B. On November 9, 2017, the Plaintiff: (a) arranged a sales contract of D forest No. 583 square meters (the transfer of ownership was completed in the name of E and the registration of ownership was inherited to F and G; hereinafter “the instant forest”); (b) on the same day, H paid 12 million won to the seller on the part of the seller; and (c) H remitted 2 million won to the Plaintiff as a broker fee; (d) the seller was represented by F and G’s mother; and (e) entered into a contract with F and G’s mother on behalf of the seller (the parties to the sales contract did not provide for I; hereinafter “seller and buyer”; (e) the seller’s failure to perform the sales contract of the instant forest No. 120 million won (a down payment of KRW 12 million is received at the time of the contract; and (e) the seller or the buyer shall not be held liable for the remainder of KRW 18 million).

In addition, one intermediary fee shall be paid by both parties to the contract at the same time as this contract is concluded, and the intermediary fee shall be paid even if this contract is null and void, cancelled, or cancelled without the intention or negligence of the authorized broker.

In the case of a joint broker, the seller and the buyer shall pay the brokerage remuneration to the certified broker of the opening business he/she requests.

[Matters of Special Agreement]

6. The seller shall pay 2 million won in the amount equivalent to interest to the buyer in advance of the payment date of the balance.

The phrase “matters concerning brokerage fees, etc. Ⅲ.” of the description “matters concerning brokerage fees, etc.” attached to the letter “20 million won (120 million won x 0.9% x 10.9% ( =120 million won x 0.9%)” and “an agent fees, including Busan 81-77,” in the letter “matters concerning brokerage fees, etc.”

C. On February 19, 2019, the buyer filed a civil petition with the Defendant regarding brokerage commission and contract.

유사 판례

-의정부지방법원 2021.01.11 2020구단181

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-광주지방법원 2018.01.26 2017고단552

-광주지방법원 2017.08.10 2017고단1856