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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” in Seocho-gu, Suwon-si.
B. On October 2016, Defendant B requested the Plaintiff to sell and intermediate the sale of the land and the instant building owned by Suwon-gu G (hereinafter “instant real estate”). Defendant C and D requested the Plaintiff to purchase and intermediate the real estate that can receive monthly rent.
C. On November 15, 2016, Defendant D entered into a sales contract with Defendant B to purchase the instant real estate at KRW 2.86 billion through the brokerage of Licensed Real Estate Agent H (Trade Agent Office) on November 15, 2016, and completed the registration of ownership transfer in its name on January 5, 2017.
On January 9, 2017, Defendant D paid KRW 14,300,000 to the licensed real estate agent H, and Defendant B paid KRW 25,00,000, respectively, on March 3, 2017 and March 14, 2017.
[Ground of recognition] A-6, 13 evidence, Eul-1-3 evidence, Eul-1 (including each number), witness H's testimony, the result of tax information return to the head of the Suwon Tax Office, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Defendants requested the Plaintiff to purchase and sell the instant real estate, and accordingly, they concluded a sales contract using other real estate for the purpose of not paying brokerage fees, even though the Plaintiff made a considerable effort to sell and purchase the instant real estate, and the sales contract was actually established. Since the Plaintiff’s contract was interrupted due to a cause not attributable to the Plaintiff and did not participate in the preparation of the final contract, the Defendants are liable to pay the Plaintiff the amount of money as stated in the purport of claim amounting to 0.9% of the sales price. 2) The Defendants requested the Plaintiff to sell and sell the instant real estate.