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(영문) 창원지방법원 2018.02.06 2017나3011
중개수수료
Text

1. All appeals filed by the defendant (combined plaintiffs) are dismissed.

2. The costs of appeal shall be included in the principal case and concurrent cases.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the purport of Gap 3's entries and arguments:

On February 20, 2016, the Plaintiff made an oral agreement at the office of the Defendant and the Defendant to work as a broker assistant for the Defendant, a licensed real estate agent.

B. On April 2016, at the above office, the sales contract was concluded between Jinju-si D’s shop located in another licensed real estate agent’s office as a intermediary (hereinafter “instant commercial building”) E, and the Plaintiff’s instant commercial building F and G’s ownership (hereinafter “instant sales contract”) to purchase all the instant commercial building H Hs owned by the Plaintiff.

C. After the conclusion of the instant sales contract, the Defendant received KRW 3.7 million from G as brokerage commission, and KRW 10 million from G, respectively.

2. The parties' assertion

A. The Plaintiff and the Defendant agreed to allocate the commission to 7:3 in the event that the Plaintiff entered the contract as a party to the contract and the broker of the contract was made.

Since the Plaintiff entered both G and I, a seller of the instant sales contract, and the buyer, the Defendant is obligated to pay to the Plaintiff KRW 9,590,000 equivalent to the Plaintiff’s share of KRW 70% out of the total brokerage commission that the Defendant received from G and I, as well as KRW 13.7 million.

Since the defendant agreed not to receive a brokerage commission for the sale of the commercial building F in this case from the plaintiff, it is customary that it does not receive a brokerage commission, the defendant cannot comply with the defendant's request for consolidation.

B. The defendant brokerage commission may be collected only by the defendant, who is the broker, and the plaintiff is only the defendant's brokerage assistant to sell the commercial building F of this case owned by him/her, and there was no agreement to distribute the brokerage commission. Thus, the plaintiff cannot respond to the plaintiff's claim of this case.

Rather, the Plaintiff is the Defendant.

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