(영문) 서울동부지방법원 2018.05.04 2018나21335

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(영문) 서울동부지방법원 2018.05.04 2018나21335

중개수수료 청구

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating the real estate brokerage office under the trade name of “D Licensed Real Estate Agent Office” in Songpa-gu Seoul.

B. On September 8, 2016, the Defendant sold the Songpa-gu Seoul Metropolitan Government F site and its ground buildings (hereinafter “instant real estate”) to E for KRW 899,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on November 30, 2016.

C. E paid to the Plaintiff KRW 3,520,000 as the brokerage commission for the above sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 3 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the allegations by the parties 1) The plaintiff alleged that the plaintiff was commissioned to intermediate the sale of the real estate of this case from E, and the defendant was consulted with the defendant and delivered it to G who is an employee of E, by receiving contact information from the defendant. However, the defendant excluded the plaintiff and concluded the above sale contract with E in order to not pay remuneration. Thus, the defendant is obligated to pay brokerage fees to the plaintiff. 2) The defendant alleged that he did not request brokerage to the plaintiff for the sale of the real estate of this case, and Eul directly proposed the sale of the real estate of this case to the defendant and concluded the sales contract of this case.

B. According to Articles 2, 22, 25, 26, and 32 of the Licensed Real Estate Agent Act, where a contract has been concluded between the client and the other party by concluding a brokerage contract with the client and explaining the relationship of rights, etc. of the object of brokerage by verifying the relationship of rights, etc., and by arranging the contract document, etc., the broker and the other party may receive the fixed remuneration concerning the brokerage business. Even if the licensed real estate agent has made the efforts for brokerage, unless the contract has been concluded by the broker, the ratio of efforts shall be

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