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(영문) 서울동부지방법원 2020.09.25 2019가단151591
용역비
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A (hereinafter “Plaintiff A”) is a corporation with the objective of real estate consulting, real estate management, etc., and Plaintiff B is a licensed real estate agent.

B. From December 2018 to January 2019, the Plaintiffs proposed to provide consulting services so that they can sell the above real estate at the price equivalent to 8.7 billion won after being requested by the Defendant to sell the fourth floor building located in Songpa-gu Seoul (hereinafter “instant real estate”) owned by the Defendant, Songpa-gu (hereinafter “instant real estate”).

C. On March 20, 2019, the Plaintiffs entered into a real estate consulting service contract (hereinafter “instant service contract”) with the Defendant with the content that 300 million won is paid as service costs (fee and all the expenses).

The instant service contract states that “the trading price is 8.7 billion won or more in the form of a sexual intercourse.”

The Plaintiffs were the buyers of the instant real estate, and the Defendant, on March 20, 2019, entered into a real estate sales contract with E, etc. to sell the instant real estate at KRW 8.7 billion (hereinafter “instant sales contract”). At the time of entering into the said sales contract, Plaintiff B participated in and signed and sealed the contract’s broker column.

The confirmation and explanatory note of the object of brokerage attached to the sales contract of this case shall include 78,30,000 won (the sales price of 8.7 billion won x 0.9%) as the brokerage fee.

E. On March 28, 2019, the Defendant paid 100 million won out of service costs to the Plaintiffs.

F. On September 20, 2019, the Defendant completed the registration of ownership transfer for the instant real estate to E and F due to the instant sale.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 9, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion is that the plaintiffs A consulted the purchaser of the real estate of this case about the next building of this case before four years.

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