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(영문) 서울서부지방법원 2015.11.20 2015가단8431
부동산중개수수료
Text

1. The Plaintiff, Defendant B, Defendant B, Defendant C, Defendant Incorporated Foundation, KRW 15,750,000, and each of them from September 2, 2014.

Reasons

1. Basic facts

A. On September 1, 2014, the Defendants agreed to sell real estate owned by D Co., Ltd. as the Plaintiff’s intermediary, and Defendant B concluded a contract with KRW 12,00,000,000 for land and ground buildings in Mapo-gu Seoul, Seoul, and Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated Foundation”) to sell each of the land and ground buildings in Mapo-gu Seoul, Seoul, and KRW 3,500,000 for each of the instant sales contracts (hereinafter “each of the instant sales contracts”).

B. Of the confirmation description of the object of brokerage attached to the sales contract prepared at the time of each of the instant sales contract, the matters concerning the brokerage remuneration, etc. are described respectively as 108,000,000 won (in the case of Defendant B, 12,000,000 won for calculation x 0.90%) and in the case of Defendant Foundation, the brokerage remuneration is 31,50,000 won (calculated details 3,500,000,000 x 0.90%) and the parties to the transaction are written as follows: (a) the parties to the transaction receive confirmation description after hearing the confirmation explanation of the object of brokerage from a licensed real estate agent; and (b) the parties to the transaction are signing and sealing of the buyer, seller, and broker.

[Ground of recognition] Facts without dispute, Gap 1-1, 2, Gap 2-1, and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned seek against the defendants payment of brokerage fees of an amount equivalent to 0.9% at the time of each of the instant sales contracts (Defendant B shall be KRW 108,000,000 and KRW 31,500,000 for Defendant Foundation).

As to this, the Defendants impliedly agreed with G to not pay brokerage fees, which are described in the description of confirmation of the object of brokerage, merely in the form of formality, and that they do not pay brokerage fees separately. The Defendants suffered losses because they failed to comply with the promise even if they believe G’s horse to make a favorable adjustment of real estate delivery period, and have reduced the sales amount more than KRW 100 million, and they did not comply with the promise. In addition, the Defendants’ negligence on the part of broker B bears value-added tax amounting to KRW 30 million because they did not specify the condition that they should bear value-added tax pursuant to the sale of the building.

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