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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff, when the Defendant, a licensed real estate agent, acting as a broker for the conclusion of a lease agreement between the Plaintiff and C, took place a wrong brokerage act with the exclusive use area of a commercial building of 70.48 square meters, which is the leased object, as being 105 square meters, and then filed a lawsuit against the Plaintiff seeking a brokerage commission of 2,772,000 square meters with the Seoul Southern Southern District Court 2016Gadada104010, and the decision of execution accepting the Defendant’s claim was finalized. However, since the Defendant committed an erroneous brokerage act, the Plaintiff did not have the obligation to pay the brokerage commission to the Defendant, and even if the Plaintiff had the obligation to pay the brokerage commission to the Defendant, even if the Plaintiff offsets the damages suffered by the Defendant’s wrong brokerage act, filed
According to the Plaintiff’s assertion and purport of the claim, since the Plaintiff’s lawsuit is an objection to the claim, the Plaintiff filed a claim seeking the exclusion of the executory power of the decision on performance recommendation, which is an executive title, but did not seek it, and the Defendant filed a claim seeking the denial of compulsory execution based on the Seoul Central District Court’s 2017TTTT 12208 claim and collection order, which appears to have been received by the Plaintiff based
Accordingly, on December 19, 2017, the court ordered the Plaintiff to point out the above matters on the date for pleading 10:40 on December 19, 2017, and to revise the purport of the claim stated in the complaint within seven days, but the Plaintiff did not correct it within the period for correction.
(In addition, according to the records, the defendant is expected to complete the compulsory execution procedure to collect the claim amounting to 3,329,760 won according to the seizure and collection order after collecting the claim based on the seizure and collection order stated in the purport of the claim and completing the compulsory execution procedure to collect the claim amounting to 3,329,760 won on September 18, 2017.