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(영문) 인천지방법원 2018.06.29 2017가단237857
중개수수료 청구의 소
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. Basic facts

A. The plaintiff is a licensed real estate agent.

B. Defendant B leased part of the automobile-related facilities of the third floor D ground owned by Defendant C (hereinafter “instant building”) and operated the Automobile Maintenance Center.

C. On April 3, 2017, Defendant C entered into a sales contract with Defendant B and the instant building site and the instant building site, to sell KRW 5.6 billion in price (hereinafter “the instant sales contract”) with respect to the instant building and the instant building site, and received the down payment of KRW 200 million on or around February 10, 2017, and subsequently, Defendant C agreed to pay KRW 310 million in total to the lessee of the instant building the remainder of KRW 5.0 billion to the buyer on April 3, 2017.

Defendant B paid in full the purchase price of this case on April 3, 2017 and completed the registration of ownership transfer pursuant to his name on the instant real estate.

[Basis] Facts without dispute, Gap evidence Nos. 1 and 7-4, Gap evidence Nos. 8-4, Eul evidence Nos. 2, 3 and 5, the purport of the whole pleadings

2. On August 2016, Defendant B asked the Plaintiff to find out the sale price of the instant real estate and asked the Plaintiff to find out the sale price of the instant real estate. On the basis of the Plaintiff’s discussion, the fact that Defendant C, the buyer, Defendant B, and the sales price of the said real estate was set up on November 30, 2016, which was KRW 5.6 billion, may be found either as a dispute between the parties, or as a whole, by taking into account the purport of the entire pleadings in the entry of the evidence

However, the following circumstances, namely, a sales contract dated November 30, 2016, which was made by Defendant B for the convenience of lending a financial institution, are not a fixed contract (the time of receiving KRW 200 million is different from the actual time of receiving KRW 200 million), and the Plaintiff’s specific negotiations such as the purchase price amount or the payment method thereof.

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