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1. The Defendants jointly share KRW 10,105,874 with respect to the Plaintiff, and 5% per annum from June 3, 2017 to August 14, 2019.
Reasons
1. Basic facts
A. The Defendants, as married couple, are the 1/4 share owners of the building with the fourth floor of reinforced concrete structure (hereinafter referred to as the “instant building”) in Daegu Suwon-gu D, 742.4 square meters and its ground reinforced concrete structure, respectively. The Defendants are the 1/4 share owners of the instant real estate in total of the said land and buildings.
The plaintiff is a licensed real estate agent, and her husband E is a brokerage assistant for the plaintiff.
Defendant C is the fourth degree of E.
The remainder of 1/2 of the instant real estate is F. G is the representative director of H (hereinafter “H”) as a woman’s act of fraud.
B. Around May 2017, the Defendants entered into a contract with the Plaintiff to request the purchase brokerage of the instant real estate (hereinafter “instant brokerage contract”). On June 2, 2017, the Defendants concluded a sales contract (hereinafter “instant real estate sales contract”) with the Plaintiff’s broker to sell the Defendants’ share in the instant real estate at KRW 3,368,624,755 (the contract amount of KRW 330 million) (the contract amount of KRW 330 million), the second intermediate payment of KRW 100 million on June 23, 2017, and the second intermediate payment of KRW 2,938,624,755 on July 7, 2017).
G paid down payment of KRW 30 million to the Defendants on the same day.
C. In concluding the instant sales contract, the Defendants agreed with the Plaintiff to pay KRW 30,317,622, which is KRW 0.9% of the sales price as real estate brokerage commission, to the Plaintiff as KRW 3,368,624,75.
On the other hand, Article 7 of the sales contract of this case provides that "the practicing licensed real estate agent shall not be liable for the default of this contract by the seller or the buyer. In addition, brokerage fees shall be paid by both parties to this contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence by the practicing licensed real estate agent."
The instant real estate sales contract was concluded.