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(영문) 인천지방법원부천지원 2014.09.17 2013가단23459
약정금(부동산중개수수료)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap evidence Nos. 1-1 and 2, the defendant entered into a contract to purchase the first floor Nos. 110 (hereinafter "No. 110") from Eul for the purchase price of KRW 620,000,000 for KRW 3.83 billion (hereinafter "the sales contract of this case") on the same day, and the defendant at the time agreed to pay the plaintiff a down payment of KRW 450,000,000,000 as a brokerage commission, with the amount equivalent to KRW 9,000,000 for the first floor No. 110 (hereinafter "No. 110"), according to the mediation of the plaintiff, a licensed real estate agent D on January 14, 2013.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff a brokerage commission for the brokerage of the sales contract of this case, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) 110 parts of the stairs listed as 201 through the adjacent parts of 110 are unlawfully modified, and there is a risk of being pointed out by the competent authority on this part, and the Defendant entered into the instant sales contract due to convenience arising from the said stairs, and the said convenience becomes extinct in the event the said stairs are closed. The Plaintiff failed to indicate the above matters in the description of the object of brokerage, and failed to perform its duty to explain confirmation to the Defendant. Since the instant sales contract was rescinded due to the Plaintiff’s negligence, the Plaintiff was unable to claim a brokerage commission to the Defendant, on March 19, 2013, because the dispute between the Defendant and C arose between the Defendant and C, the Plaintiff signed and sealed the termination of the agreement and signed on March 19, 2013, and even if that is not, the Plaintiff waived its claim against the Defendant.

3. The plaintiff's negligence caused the cancellation of the sales contract of this case by the defendant and C.

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