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(영문) 대구지방법원 서부지원 2018.10.10 2017가단15465
중개보수
Text

1. The Defendant’s KRW 15,637,50 for the Plaintiff and KRW 5% per annum from April 4, 2018 to October 10, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office” in Daegu-gu.

B. Around that time, the Defendant: (a) requested the Plaintiff to purchase land of a F-430 square meters and the four-story neighborhood living facilities (hereinafter collectively referred to as “instant real estate”), which was owned by the Plaintiff; and (b) concluded a sales contract on August 18, 2017 with respect to the instant real estate as the sales price of KRW 3,475,000,000, and the remainder payment date on October 31, 2017, between the Plaintiff and his/her brokerage assistant, by requesting the purchase of the instant real estate and the instant real estate; and (c) the Plaintiff and his/her brokerage assistant.

(hereinafter “instant sales contract”). C.

At the time of the instant sales contract, the Defendant and the seller entered into a sales contract after consultation on specific terms and conditions of sales, such as the purchase price.

원고는 매매계약서와 함께 중개대상물확인설명서를 작성하여 피고와 E으로부터 각 서명ㆍ날인을 받고 이를 교부하였는데, 위 설명서 Ⅲ항 중개보수 등에 관한 사항란 ‘⑪중개보수 및 실비의 금액과 산출내역’ 중 ‘중개보수’ 항목에 ‘31,275,000원’, ‘<산출내역>’에 '중개수수료 : 3,475,000,000원 × 0.9%'라고 기재되어 있다.

[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiff as a licensed real estate agent is obligated to pay the brokerage commission agreed upon at the time of the instant sales contract to the plaintiff, barring special circumstances.

(2) As to this, the Defendant decided on the condition that the Defendant purchased both the instant real estate and the instant H land in Daegu-gu (hereinafter “instant non-owned real estate”) between G, which is the broker assistant for the Plaintiff, but the Plaintiff failed to act as a broker for the purchase of the instant non-owned real estate.

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