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(영문) 서울중앙지방법원 2016.07.08 2014가합583647
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operated the C Licensed Real Estate Agent Office, and the Defendant is a person who operated D Licensed Real Estate Agent Office E.

B. In early 2011, the Defendant: (a) upon the request of F to inquire about whether there is a good building to invest in the south side of Gangnam-gu Seoul Metropolitan Government (hereinafter “G building”); and (b) upon the request of E, H (I Licensed Real Estate Agent Office) and J (K Licensed Real Estate Agent Office).

The defendant was introduced from H to the plaintiff that he knows the owner (L) of the G building, and thereafter received L through the plaintiff, and there was a discussion about the sale of the G building between F and owner who wishes to purchase it.

C. The Defendant received M through the Plaintiff during the discussions on the sale and purchase of the G building in early 2011, and received O as the owner of the Seocho-gu Seoul Nbuilding (hereinafter “Nbuilding”) through M. The discussions on the sale and purchase of the N building were conducted between F and P as the applicant for the purchase.

F entered into a sales contract on February 25, 201 to purchase N building at KRW 71 billion from O, and the sales contract is written by J and E as a broker.

E. On March 22, 2011, F entered into a sales contract to purchase G buildings with L for 62 billion won, and the sales contract is written only by J as a broker.

F. In relation to the sale and purchase of Nbuilding, the sellerO testified to the effect that the buyer F is KRW 650 million (excluding value-added tax); the buyer F is KRW 639 million (excluding value-added tax); the buyer’s witness J testified to the effect that the buyer’s brokerage commission is KRW 575.1 million (excluding value-added tax) and the Defendant also argued as such in the past. However, the Defendant confirmed that the brokerage commission was KRW 575.1 million (excluding value-added tax) and confirmed that the sales commission was 639 billion (excluding value-added tax).

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