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(영문) 수원지방법원 2019.04.30 2018가단544917
중개수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 13, 2015, the Defendant submitted a written intent of occupancy informing that the site of the factory was intended to move in in the industrial complex to the company that produces equipment and machinery of semiconductor manufacturing, etc.

B. On March 29, 2017, the Defendant purchased the industrial complex E (hereinafter “instant industrial complex”) with the wife population E (hereinafter “instant industrial complex”) from D Co., Ltd. for KRW 19.35 billion.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 4, purport of the whole pleadings

2. The Plaintiff’s cause of the Plaintiff’s claim: (a) introduced the instant industrial complex to the Defendant on January 2016; (b) provided several relevant information and provided field answers to the Defendant; and (c) purchased the instant industrial complex through the Si event without excluding the Plaintiff even if the Defendant decided to purchase it through the Plaintiff’s brokerage act; and (d) the Defendant is obliged to pay brokerage commission of KRW 117 billion, which is the price for the instant industrial complex presented to the Plaintiff, and delay damages therefrom.

3. The act of real estate brokerage as to the object of brokerage is to arrange the transaction, exchange, lease, and other acts concerning the acquisition, loss, and transfer of rights between the parties to the transaction, and in principle, the broker may claim the brokerage commission to the broker only after the completion of the contract by the preparation of the contract, etc. for the object of brokerage. However, in special circumstances where the broker has ceased to engage in the act of brokerage for reasons for which he/she was not responsible and has failed to participate in the preparation, etc. of the final contract, etc., even though he/she served as the result of the contract formation, the broker has the authority to claim the brokerage commission corresponding to the extent of the act of brokerage already served against the client in light of the purport

(e).

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