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(영문) 서울중앙지방법원 2019.07.24 2018나56796
보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

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

Reasons

1. Facts of recognition;

A. On September 2016, the Plaintiff was delegated by the Defendant with respect to the registration of ownership transfer of the land and each ground building in Guro-gu Seoul, Seoul and 4, and completed the registration. The Plaintiff and the Defendant did not expressly agree on the specific amount of the above registration fees in concluding the delegation agreement with respect to the instant registration duties, and the Defendant did not also pay remuneration to the Plaintiff for the said registration duties.

B. Around that time, the Defendant started the construction and sale of the 236 household units of the Nam-gu Incheon Metropolitan City D apartment (hereinafter “D apartment”). However, at the time of the Defendant’s delegation of the registration of the instant apartment to the Plaintiff, the Defendant discussed how the Plaintiff would not receive any remuneration for the registration of the instant apartment, instead of allowing the Plaintiff to accept the registration of the ownership transfer and the establishment registration of the neighboring mortgage for the said 236 household units (hereinafter “D group registration”).

C. Around December 7, 2016, the Plaintiff sent a notice stating the commission fee, etc. for the collective registration service to the Defendant. Around December 7, 2016, the Defendant sent a written guidance for occupancy to D apartment buyers by mail, and attached the “written guidance for transfer” sent by the Plaintiff. In the said notice, the Plaintiff’s fee for the transfer registration of ownership as KRW 385,000,000, including acquisition tax, was stated as KRW 3,877,000 for each household, based on the foregoing apartment building’s 1AT.

However, some of the buyers of D apartments raise an objection to the fact that the registration fees presented by the Plaintiff are too high, and the consultation with other certified judicial scrivenerss on the above registration affairs was conducted. According to the contents of the consultation, the ownership transfer registration fees are free of charge, but the basic cost is only 30,000 won.

According to this notice, the above.

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