(영문) 서울중앙지방법원 2019.01.29 2018나30756

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자간(%)

(영문) 서울중앙지방법원 2019.01.29 2018나30756

중개보수

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this case by the court of first instance is the same as the ground for the judgment of the court of first instance, with the exception of the following parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first instance court's 1 to 9 acts are as follows: "a broker has the legal and contractual obligation to verify the state, location, right relationship, etc. of the object of brokerage and to explain faithfully and correctly to the brokerage client (see, e.g., Supreme Court Decision 2012Da74342, Jan. 29, 2015). As to whether the Plaintiff violated the duty of explanation as a broker or the duty of care as a broker in the process of brokering the sales contract in this case.

According to the above evidence, it is acknowledged that the Defendant’s attempt to purchase profit-making real estate as surplus funds in the amount of KRW 1 billion to the Plaintiff’s brokerage assistant, and that the agreed sales price under the contract of this case is KRW 3.55 million, and that the amount of KRW 2.140 million among which the contract of this case was determined to be substituted for the Defendant’s succession to the loan of this case. However, the F, the creditor of the loan of this case, after the contract of this case, confirmed that the amount of the loan that the Defendant may succeed to the loan of this case is merely KRW 1.1 billion if the real estate is offered as security, and accordingly, the Defendant’s actual seller’s purchase price to be paid according to the contract of this case reaches KRW 2.45 billion exceeding the Defendant’s surplus funds.

However, real estate brokerage refers to the act of mediating and mediating real estate which is a object of brokerage in order to establish the contract of the parties. When the contract of the parties is concluded, real estate brokerage shall be terminated, and the preparation or payment of the purchase price is a part belonging to the area of the execution of the contract after the formation of the contract and there is no special agreement.

참조조문

-민사소송법 제420조

참조판례

-대법원 2015. 1. 29. 선고 2012다74342 판결

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