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(영문) 서울북부지방법원 2015.09.22 2015가단11240
중개수수료
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion that Defendant B requested the Plaintiff to sell and purchase the Dongdaemun-gu Seoul Metropolitan Government Ground Living Facilities (hereinafter “instant real estate”), and the purchaser’s Defendant A received various documents from the Plaintiff, and confirmed the purchaser’s confirmation, and then, the remaining contact was interrupted on March 7, 2015.

Since then, the Defendants entered into a sales contract with E Licensed Real Estate Agent (D) on March 11, 2015, the Defendants are obligated to pay an amount equivalent to brokerage commission to each of the Defendants, since the sales contract between the Defendants is a case where the Plaintiff was unable to participate in the preparation of the final contract due to reasons for which the Plaintiff was not responsible, even though the Plaintiff served

2. Determination

A. Since a real estate brokerage contract provides that a real estate broker shall receive remuneration equivalent to a brokerage commission on the condition that the real estate broker completes the conclusion of the contract on the object of brokerage by preparing a contract, etc., the real estate broker’s right to claim a brokerage commission is not only the fact that the real estate brokerage contract was concluded, but also the fact that the real estate sales contract was concluded by his/her own act, and even if the broker has made an endeavor for the brokerage, he/she may not claim a brokerage commission equivalent to the rate of his/her effort unless the contract was concluded by the broker. However, in exceptional cases where there are special circumstances, such as where the broker and the other party did not participate in the preparation of the final contract by excluding the real estate broker for the purpose of avoiding the brokerage commission, in light of the purport of Article 686(3) of the Civil Act and the principle of good faith and good faith, etc., the real estate broker has already made to the client.

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