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(영문) 부산지방법원 2016.10.21 2015가단245721
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 facts subsequent to the facts do not conflict between the parties, or can be found in full view of the entries in Gap evidence Nos. 1, 2, and 6 (including branch numbers) and the whole purport of the arguments as a result of the fact inquiry. A.

As a licensed real estate agent, from September 26, 2014 to October 12, 2015, the Plaintiff opened an office of licensed real estate agents (hereinafter “E Licensed Real Estate Agent Office”) in Busan-gu, Busan-do, and run real estate brokerage business.

F was registered as a brokerage assistant at the instant licensed real estate agent office from February 23, 2015 to October 2, 2015.

B. On October 2015, the Defendants, as married couple, entered into a contract with the Jung-gu Jung-gu H and I (hereinafter “instant real estate”) to purchase the Jelel building (hereinafter “instant real estate”) under construction on the respective land and its ground from Ulsan-gu H and G, etc. (hereinafter “instant sales contract”) at KRW 8,200,000.

2. The plaintiff's assertion and judgment

A. The alleged Defendants: (a) requested the Plaintiff through F, a broker assistant for the purchase of the Moel building; and (b) as a result of F’s physical color and introduction of the instant real estate, and the arrangement of trade negotiations with G, etc. with the seller, the real estate sales contract of this case entered into the instant real estate sales contract directly with G, etc. without excluding the Plaintiff for the purpose of not paying brokerage fees; (c) thus, jointly concluding the instant sales contract with the Plaintiff, the Defendants are obligated to jointly pay the Plaintiff KRW 73,800,000 corresponding to the extent of the Plaintiff’s act of brokerage (i.e., purchase price of this case 8,20,000,000 x KRW 9/1,000 according to the relevant provisions of Article 20(1) of the Enforcement Rule of the Licensed Real Estate Agents Act, and delay damages therefrom.

B. Determination 1 real estate brokerage act between a broker and a party to a transaction regarding the object of brokerage, such as sale, exchange, lease, and other acquisition, loss or alteration of rights.

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