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(영문) 서울중앙지방법원 2019.05.03 2018나56048
약정금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation concerning this part of the judgment of the court of first instance is 3.B. of the reasons for the judgment of the court of first instance.

The part below the "effective effect of the instant agreement" is cited by the main text of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the court of first instance, except for the following modifications.

2. Parts to be dried;

B. As to whether the Plaintiff engaged in brokerage as a business, Article 2 subparagraph 2 of the Real Estate Brokerage Act provides that "a brokerage business refers to a business of acting as a broker for a certain fee at the request of another person and receiving a certain commission." In this context, "business of brokerage" refers to a continuous engaging in brokerage as a business. As such, the issue of whether the broker is actually engaged in brokerage shall be determined in accordance with social norms by comprehensively taking into account various circumstances, such as the continuity of the broker's act, the existence of business nature, etc., and the purpose, size, frequency, period, attitudes, etc. of such act, and the issue of whether the broker is actually engaged in brokerage shall be determined in accordance with social norms, and if the broker was engaged in brokerage

(Supreme Court Decision 2006Do342 Decided April 14, 2006). With respect to the instant case, the following circumstances can be acknowledged if the descriptions and images of evidence A1 through 5 and 11 were to be seen by the health unit, as well as the aforementioned evidence.

① The Plaintiff, as a resident of the Seoul F Dae-ground Building, was located in E-university (hereinafter “Seo University”) as well as the Defendant’s instant building. The Plaintiff was located in the lower house protruding back to the cultural and social sciences and campus Teaching Center. The said house price is a place of interest in the purchase to secure the site for camping from the past to the Nonparty University.

The plaintiff is a party similar to the defendant and the purchase price of residential building located in the area where the non-party university wishes to purchase.

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