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(영문) 서울북부지방법원 2019.08.27 2018나38148
중개보수료 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties, or in full view of the purport of the entire pleadings as to Gap evidence 1, evidence 2-1, evidence 2-2, evidence 1-1, 2, Eul evidence 1-2, evidence 2, evidence 3-1, 3-2, Eul evidence 4, 5, and evidence 1-3.

The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office.”

B. On September 18, 2017, Defendant B entered into a sales contract with Defendant C to sell KRW 2.53 billion of the purchase price (hereinafter “instant sales contract”) at KRW 2.53 billion of the housing and stores with the Gangnam-gu Seoul Metropolitan Government G large scale 354.4 square meters of land and two-story-to-ground bricks of land (hereinafter collectively referred to as “instant real estate”).

C. The contract prepared at the time of the conclusion of the instant sales contract states that the broker of Defendant B is a real estate agent J operating real estate brokerage business under the trade name of “I Licensed Real Estate Agent Office”, and the buyer C’s broker is a real estate agent D operating real estate brokerage business under the trade name of “L Licensed Real Estate Agent Office.”

Defendant B entered into an agreement with J as to brokerage commission of KRW 17.7 million [the maximum amount of brokerage commission of KRW 22.7 million (2.50 million x 9/1000 x 5 million), separate value-added tax] between Defendant B and J of licensed real estate agents. From September 19, 2017 to November 14, 2017, Defendant B was exempted from payment of KRW 188.7 million including value-added tax, and was exempted from payment.

E. Licensed Real Estate Agent D is the births of Defendant C, and H is also the births of Defendant C and two balls.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff received an exclusive brokerage request for the sale of the instant real estate from Defendant B, and Defendant C’s agent H received a brokerage request for the purchase of the instant real estate and arranged the sales price among the Defendants.

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