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(영문) 수원지방법원 안산지원 2021.01.27 2020가단85088
수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 6, 2018, the Suwon District Court rendered a decision to voluntarily commence an auction of real estate on September 6, 2018 with respect to the land and a factory building (hereinafter “instant factory”) owned by the Company C (Representative D; hereinafter “C”), the wife population E, and one parcel of land and a factory building (hereinafter “instant factory”).

The plaintiff is a person who is registered as a business operator under the trade name called G with real estate consulting and auction consulting as a type of business.

On June 5, 2019, the Plaintiff entered into an agreement on the analysis of rights and consultation (hereinafter “instant agreement”) with C to provide consultation on the said auction case.

The main contents of the instant contract are as follows.

The contract of this case also has the same effect as a bidding and a successful bid in the name of third parties and others related to C.

Fees shall be 1% of the successful bidder price.

The down payment shall be 200,000 won.

C If a fee is not paid after the successful bid, C shall compensate the Plaintiff for the amount of the fee.

If C independently receives a successful bid after bidding on the basis of the information provided by the Plaintiff, C shall be deemed to be the completion of the contract, and C shall pay the prescribed fees to the Plaintiff.

On June 14, 2019, the Defendant paid 200,000 won to the Plaintiff as stipulated in the instant contract.

The plaintiff conducted an analysis and consultation on the rights of the auction of this case to C pursuant to the contract of this case. Accordingly, the defendant received a successful bid of the factory of this case in KRW 4,100,000,000 and completed the registration of the transfer of ownership on April 3, 2020 due to the sale of the factory of this case by voluntary auction.

[Grounds for Recognition] Unsatisfy, Gap 1-1, 2-1, 2-2, 3, 4, 5, the purport of the whole pleadings

2. The assertion and judgment

A. On the grounds delineated below the plaintiff's assertion, the defendant shall pay the fees stipulated in the contract of this case to the plaintiff.

Since the defendant did not pay the fee (1% of the successful bid price) after the successful bid is awarded, it is obligated to compensate for KRW 82,00,000, which is an equal amount of the fee.

The plaintiff is the plaintiff.

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