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(영문) 서울중앙지방법원 2016.07.22 2015가단5306234
중개수수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are either not disputed between the parties, or acknowledged in full view of Gap evidence No. 1-1-3, Gap evidence No. 3, Eul evidence No. 4, Eul evidence No. 3, and witness D's testimony, and the whole purport of the pleadings.

The purpose of the plaintiff is to vicariously manage real estate such as the lease and management of commercial buildings and housing, to provide consultation on the use, development and transaction of real estate, etc.

B. Defendant B is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and Defendant C is the person who actually constructs and manages the instant real estate as the husband of Defendant B.

C. On May 2015, the Plaintiff began to color a building suitable for its use upon receiving a request for brokerage from Non-Party Viti Co., Ltd. (hereinafter “Non-Party Company”) for the lease of a building to be used as an office and a place of business.

On June 1, 2015, Defendant B entered into a lease agreement between the non-party company and the non-party company for the lease deposit of KRW 1,000,000,000 for the first and second and fifth floors among the instant real estate, and for the rent of KRW 44,00,000 for each month, management fee of KRW 6,630,00 for each month, management fee of KRW 6,630,00 for each month, and the term of lease from June 15, 2015 to June 14, 2017 (hereinafter “instant lease agreement”).

E. Meanwhile, under the written lease agreement (No. 3) submitted by the Plaintiff as evidence, the name plate indicating the Plaintiff and the Plaintiff’s representative director’s seal are affixed thereto as shown in the Plaintiff’s name plate and the Plaintiff’s representative director’s seal are affixed. However, there is no sign indicating the Plaintiff in the lease agreement (No. 3) submitted as evidence by the Defendants.

2. Summary of the parties' arguments

A. The plaintiff is the plaintiff, who was requested by the defendants to act as a broker for the lease of the real estate of this case, concluded an intermediary agreement with the defendants, and actively mediates the non-party company and the defendants, and concluded the instant lease agreement with the non-party company.

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