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(영문) 인천지방법원 2016.07.20 2016가단200889
부동산중개수수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion is a real estate licensed real estate agent, and with regard to the brokerage of the sales contract for 431.2m2m2 and the 5m2m2m2 above ground reinforced concrete structure underground (hereinafter the instant real estate), an newspaper advertisement is published for the sale of the instant real estate for the purpose of selling the said real estate, and the Defendant C who has expressed his intention to purchase information about the relationship of rights and rent income, etc. of the instant real estate, and information about loans for raising funds for purchasing the said real estate, etc. However, even though the Defendants played a critical role for establishing the sales contract for the instant real estate, they concluded a future sales contract for the purpose of not paying a brokerage commission to the Plaintiff or paying only a discounted brokerage commission, and the Defendants are obligated to pay the Plaintiff KRW 23,364,00,00 corresponding to the real estate brokerage commission.

2. One-to-one transaction, real estate brokerage act mediates the sale, exchange, lease, and other acts of acquisition, loss, and transfer of rights between the parties to the transaction regarding the object of brokerage, and in principle, the broker may claim a brokerage commission to the client only after the conclusion of the contract, such as the preparation of the contract concerning the object of brokerage, is completed until the contract is completed. However, in special circumstances, such as where the broker has ceased to engage in the act of brokerage for reasons for which he/she is not responsible and has failed to participate in the preparation, etc. of the final contract, in light of the purport of Article 686(3) of the Civil Act, Article 61 of the Commercial Act, the principle of good faith, etc., the broker shall have the authority to claim

The case was returned to the case, the fact that there is no dispute between the parties, and Nos. 1 through 1.

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