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(영문) 서울중앙지방법원 2014.10.29 2014가단17099
공제금
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from January 13, 2014 to February 13, 2014; and (c) from the following day.

Reasons

1. Facts of recognition;

A. (1) Since around 2011, C is an “E building” (hereinafter “the existing building of this case”) which is an underground second and seventh floor neighborhood living facility building located under Dongdaemun-gu Seoul Metropolitan Government D’s ground level from around 201.

(2) A main complex building with the size of 4 underground and 15 floors above the above ground (hereinafter referred to as “new building of this case”).

(1) The business of newly constructing and selling the project (hereinafter referred to as the “instant business”).

2) The Intervenor B (hereinafter “ Intervenor”) is a licensed real estate agent who runs real estate brokerage business in Seongdong-gu Seoul Metropolitan Government with the trade name “F Licensed Real Estate Agent Office,” and H is an intermediary assistant who, as the husband of the Intervenor, has supported the intermediary business of the Intervenor.

B. C requested H to complete the instant new building until July 31, 2012, that “I wish to complete the construction of the instant building, and therefore, I would like to identify the person who purchased 12 stories of officetels 12 (hereinafter “households of the instant officetel”) among the said building.” From H on May 201, the Intervenor recommended the Plaintiff to purchase the instant officetel unit by stating that “The instant officetel household unit may purchase the instant officetel unit at KRW 130 million upon advance payment of the sale price after completion, on the ground that “The instant officetel unit may purchase the instant officetel unit in advance at KRW 100,000,000,000.”

C. Accordingly, the Plaintiff delegated the Intervenor with all business affairs regarding the sales contract by stipulating that the instant officetel will purchase the instant officetel units, and thereafter, around May 30, 201, the sales contract was concluded between the Plaintiff and the Plaintiff as a broker of the Intervenor and H to purchase the instant officetel units in KRW 100 million (hereinafter “instant sales contract”). From May 30, 201 to June 14, 201, the Plaintiff paid to the Intervenor KRW 100,000 as sales commission for the said sales contract, respectively.

After the intervenor, the intervenor.

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