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(영문) 창원지방법원 2016.10.25 2016나3779
부동산중개수수료
Text

1. The plaintiff's appeal is 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. Facts of recognition;

A. The Plaintiff is a licensed real estate agent running the D Licensed Real Estate Agent Office in Dong Young-si, Dong Young-si.

B. The Plaintiff introduced to the Defendant two parcels and buildings owned by E, F, and two lots and buildings on its ground (hereinafter “instant real estate”). The Plaintiff did not directly request sale from E.

(E) On September 18, 2015, the Plaintiff entered into a sales contract with the Defendant and himself as a seller’s agent for the instant real estate (hereinafter “first sales contract”) with respect to the instant real estate, and entered the sales contract in KRW 345 million.

The plaintiff and the defendant set the brokerage fee of the first sale contract in KRW 3,105,00.

C. On the same day, the Plaintiff contacted E and his father G (hereinafter collectively referred to as “E and G”), and sold the instant real estate at KRW 355 million, and delivered the down payment of KRW 20 million received from the Defendant to the seller. D.

On September 21, 2015, the Defendant: (a) promised to waive the first sale contract to the Plaintiff; and (b) concluded again the sale contract with the seller as a broker of another licensed real estate agent (H).

(hereinafter “Second Sales Contract”). The sales amount was set at KRW 340 million.

E. The Defendant did not pay brokerage fees to the Plaintiff, and paid 2 million won to H in combination with the seller’s side.

[Reasons for Recognition] Facts without dispute, Gap 1-3, Eul 1-3, the purport of the whole pleadings

2. The parties' assertion

A. Even if the Defendant’s assertion waivers of the first sales contract and cancels or cancels it, as long as the first sales contract was concluded by the Plaintiff as a broker, the Plaintiff must pay 3,105,000 won and delay damages therefrom to the Plaintiff.

B. The plaintiff's revocation or cancellation of the first sale contract by the defendant is on the part of the defendant and the seller.

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