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(영문) 수원지방법원 2015.11.19 2014나43172
중개수수료
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “F real estate” in the E in terms of harmony.

B. Defendant B was the owner of G, H, I, J, K, and L land, and Defendant C was the owner of M, N, and Defendant D’s O and P land (hereinafter collectively referred to as “each of the instant lands”). Q is the father of the Defendants.

C. On June 27, 2012, R Co., Ltd. (hereinafter “Nonindicted Company”) concluded a sales contract (hereinafter “instant sales contract”) with Q Q and Q on behalf of the Defendants, with the sales amount of KRW 1,362,680,00 for each of the instant land, KRW 120,000 for down payment, KRW 1,000 for intermediate payment of KRW 1,00,000 for KRW 242,680 for remainder payment ( September 25, 2012 on the date of payment), and KRW 242,680,00 for remainder payment ( November 30, 2012 on the date of payment). The Nonindicted Company paid KRW 20,000 for the agricultural bank account under the name of the Defendant, and KRW 10,000 for the same month as down payment.

The Defendants completed the registration of ownership transfer of each of the instant lands to S that was designated by the non-party company as the purchaser.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 3-1 and Eul evidence 3-2, and the purport of the whole pleadings.

2. Judgment on the parties’ assertion

A. The Plaintiff and Q, the agent of the Defendants, expressed his intention to sell each of the instant lands as a broker for the Plaintiff and Q, the husband of the Plaintiff, and the Plaintiff concluded the instant sales contract by mediating the buyer and the seller for the settlement of the price. However, the Defendants excluded the Plaintiff from the payment of brokerage commission and completed the registration after preparing a sales contract on each of the instant lands. However, the said sales contract was actually constituted as the Plaintiff’s intermediary, and the Defendants are obligated to pay commission 12,264,00 won and damages for delay as agreed to pay 0.9% of the transaction amount to the Plaintiff. 2) The Defendants are Nonparty, the buyer.

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