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(영문) 서울중앙지방법원 2015.09.11 2015가합501154
중개수수료 청구의 소
Text

1. The Plaintiff, Defendant A, and Defendant B and C, each of which was KRW 33,094,285, and each of the above amounts from August 19, 2014.

Reasons

The summary of this case is the case that the plaintiff of the real estate brokerage company seeks to pay an agreed fee equivalent to 0.9% of the purchase price with respect to the brokerage of real estate trade owned by the defendants.

In fact, the Defendants, as a broker of a real estate sales contract, sold to D and E, August 18, 2014, a building of FJ large 739.2 square meters and above-ground five-storys in Gangnam-gu, Seoul to the extent that the purchase price was KRW 11.7 billion.

Among the real estate sales contract prepared between the seller, the buyer and the broker at the time and the confirmation description of the object of brokerage prepared and delivered by the plaintiff, the contents related to the brokerage commission shall be as follows:

Article 9 (Commission for Brokerage of Real Estate) of the Real Estate Sales Contract (Commission for Brokerage) shall be paid by both parties to the contract at the same time as this contract is concluded, and shall be paid in addition to interest at the rate of 20% per annum at the time of payment after the date of this contract, and the brokerage commission shall be paid even when this contract is invalidated, cancelled or cancelled without the intention or negligence of the broker.

Provided, That value-added taxes shall be separately imposed.

Article 11 (Delivery, etc. of Confirmation Explanatory Note on Object of Brokerage) The broker shall prepare a description of confirmation of object of brokerage and deliver it to both parties to the transaction on August 18, 2014, along with a copy of the business guarantee relation (certificate, etc.).

Special agreement items: In order to certify this contract, the parties to the contract shall verify the absence of objection and sign and seal each contract, and the seller, the buyer and the broker shall affix their seals to each store and keep one copy of each contract.

(1) Description description on confirmation of the object of brokerage 1.7 billion won x 0.9% brokerage fees shall be determined by mutual agreement between the client and the practicing licensed real estate agent and value-added tax may be imposed separately, in consultation between the client and the practicing real estate agent within the scope of 9.1.00 of the transaction amount.

The actual cost of KRW 15.3 million

Ⅲ. Matters concerning brokerage remuneration, etc. (excluding value-added tax);

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