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(영문) 서울중앙지방법원 2018.04.27 2017가단5016504
중개보수
Text

1. The Defendant’s KRW 35,145,00 for the Plaintiff and the following: 5% per annum from September 24, 2016 to March 6, 2017.

Reasons

1. Facts of recognition;

A. C and D (hereinafter “sellers”) are co-owners of Pyeongtaek-si E, 513.7 square meters, its ground reinforced concrete structure, cement brick slock slock slocks, accommodation facilities, and amusement facilities (hereinafter “instant real estate”).

On the other hand, D, on March 18, 2016, borrowed KRW 2,140,000 from F Co., Ltd. (hereinafter “F”) as collateral for the instant real estate (hereinafter “instant loan”), and set up a collateral security right, which amounts to KRW 2,568,00,000, to F.

2. As to the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the Defendants and the Plaintiff shall pay the purchase price as follows by agreement.

The purchase price of KRW 3,50,000 shall be paid at the time of the contract and the intermediate payment of KRW 300,000,000 shall be paid at the time of the contract and paid at October 28, 2016.

Any balance of KRW 2,950,000,000 shall be paid on November 29, 2016.

§ 7.(Mediation Remuneration) No practicing licensed real estate agent shall 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 the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or terminated without the intention or negligence of the practicing licensed real estate agent.

In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage.

Matters of special agreement

1. A contract which is a current state sales contract and is concluded after a certificate of registered matters (land, buildings), land use plan, building register attached to it and an on-site return;

5. Bank loans (2,140,000,000/F) shall be succeeded by the buyer.

6. Of the down payment of KRW 300,000,000 on the day of the conclusion of the contract, KRW 200,000 on the day of this contract shall be paid, and the remainder of KRW 100,000 shall be deposited into the Defendants’ account on September 26, 2016.

B. On September 23, 2016, the Defendant: (a) as a broker of the Plaintiff, a licensed real estate agent office of G Licensed Real Estate Agents on September 23, 2016, the instant real estate in this case from the seller.

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