Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On July 28, 2017, the Plaintiff and the Defendant drafted a real estate (consulting) service contract stating the following:
(A. (hereinafter “instant contract”). Article 2 of the instant contract and the Defendant shall request the Plaintiff to provide the following services, and the Plaintiff shall accept the request:
Services: Sale and purchase of real estate on the two parcels of land in Yong-gu, Dong-gu, Dong-gu, and D (hereinafter the above two parcels of real estate referred to as “instant real estate”). Article 3: The payment method (total amount) for the service amount and the balance date shall be paid.
(excluding value-added tax); (b)
On September 25, 2017, the Defendant sold the instant real estate to E in KRW 300 million, and implemented the procedure for the registration of ownership transfer on November 23, 2017.
C. On November 23, 2017, the Defendant paid 2.7 million won (30.9% of the purchase price) to the Plaintiff as a brokerage commission.
[Basis] Facts without dispute, Gap evidence No. 1 (the defendant's seal image part of the document is presumed to have established the authenticity of the whole document due to the lack of dispute, the defendant's assertion of forgery, but there is no evidence to acknowledge it), Gap evidence No. 2, Gap evidence No. 3-1, No. 2, and Gap evidence No. 4, the real estate sales contract, Eul evidence No. 1, and the purport of the whole pleadings.
2. The parties' assertion
A. Since the Plaintiff performed all the services specified in the instant contract, the Defendant is obligated to pay 30 million won and damages for delay to the Plaintiff pursuant to the said contract.
B. Defendant 1 did not conclude the instant contract with the Plaintiff. (2) The Plaintiff was only engaged in the instant real estate sales brokerage, and did not provide any other consulting services, and the Defendant paid all brokerage fees under the relevant statutes in return for the Plaintiff’s brokerage.
Therefore, it is against the Licensed Real Estate Agent Act to claim beyond the brokerage commission.
3. Determination
A. The following facts can be acknowledged in full view of the entries in Gap evidence 13 through 15 and the purport of the whole pleadings:
1. The real estate in this case is a real estate.