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(영문) 서울고등법원 2016.07.14 2015나2075931
부동산중개수수료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts (1) On September 1, 2014, the Defendant sold the land and ground buildings in Mapo-gu Seoul Metropolitan Government E-land and land (use: neighborhood living facilities) to the Plaintiff’s “H Licensed Real Estate Agent Office” operated by the Plaintiff, a practicing licensed real estate agent on September 1, 2014 (=300 million won of land (=1.7 billion won of land).

(2) At the time of the conclusion of the instant sales contract, the Plaintiff, a practicing licensed real estate agent, arranged the instant sales contract and arranged fees are stated in the contents that both parties to the instant sales contract would pay each party at the same time as the instant sales contract was concluded. The Plaintiff, a seller, the Defendant, the purchaser, and the Plaintiff, a practicing licensed real estate agent, signed and sealed the instant sales contract.

(3) The description of confirmation of the object of brokerage prepared at the time of entering into the instant sales contract / [Ⅱ] (Article 16 subparagraph 2 and attached Form 20-2 of the Enforcement Rule of the Licensed Real Estate Agent Act)

I. The basic confirmations of practicing licensed real estate agents;

Ⅱ Details of confirmations by practicing licensed real estate agents;

Ⅲ The matters concerning brokerage fees, etc. are divided into matters concerning brokerage fees (mediation fees and actual expenses). Among them, the amount of brokerage fees and actual expenses, and the details of the brokerage fees and the calculation thereof are 18 billion won (=12 billion won x 0.9%) in the column for the calculation statement, and the following is written: (a) the parties to the transaction shall hear the explanation from the practicing licensed real estate agent about the object of the brokerage and receive the confirmation statement from the practicing licensed real estate agent pursuant to Article 25(3) of the Licensed Real Estate Agents Act and Article 21 of the Enforcement Decree of the same Act; and (b) the other confirmation statement prepared and delivered by the practicing real estate agent is written by the practicing licensed real estate agent; and (c) the defendant, the purchaser, the D Special accounts

(4) On October 20, 2013, the Plaintiff’s period of mutual aid between the Korea Licensed Real Estate Agent Association and the Korea Licensed Real Estate Agent Association shall be from October 20, 2013 to October 19, 2014; and the amount of mutual aid shall be KRW 100 million and shall be determined by the said Association in the event the Plaintiff suffers loss due to the Plaintiff’s brokerage.

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