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(영문) 대구지방법원 2015.11.27 2015가단27917
부당이득금
Text

1. As to KRW 50,800,000 and KRW 50,800,000 among the above money and the Plaintiff, the Defendant shall pay to the Plaintiff KRW 51,80,000 from August 26, 2015.

Reasons

1. The assertion and judgment

A. On October 2014, the Plaintiff entered into a sales contract with the Defendant to purchase Youngcheon-si C and D as a broker, and paid KRW 11,00,000 to the Defendant as the broker remuneration.

(B) The sales price stipulated in the above sales contract is KRW 300,000. (b) The sales price stipulated in the above sales contract is KRW 300,000. [Grounds for recognition] The statement of KRW 1 and 5 evidence No. 1 and the purport of the whole pleadings as to the purport of the whole pleadings] need to prevent the economic interest arising from the agreement of brokerage commission in excess of the limits stipulated in relevant Acts and subordinate statutes, such as the Licensed Real Estate Agents Act. Thus, the provisions on the real estate brokerage commission constitute a mandatory law that limits judicial effects on the portion exceeding the prescribed limit of the brokerage commission agreement, and thus, the agreement of real estate brokerage commission exceeding the limits stipulated in relevant Acts and subordinate statutes, such as the Licensed Real Estate Agents Act

(2) Article 32(4) of the Licensed Real Estate Agents Act and Article 20(4)2 of the Enforcement Rule of the Licensed Real Estate Agents Act (amended by Act No. 7638, Jul. 29, 2005; Act No. 7638, Feb. 20, 2007; Act No. 7638, Feb. 29, 2005; Act No. 7638, Feb. 29, 2005; Act No. 20135, Feb. 29, 2007).

Since the purchase price of the first sale contract is KRW 300,000,000, the statutory upper limit of brokerage commission is KRW 2,700,000 (=300,000,000) x 0.09).

Since the plaintiff paid 11,00,000 won to the defendant as an intermediary fee, the defendant is more than 8,300,000 won (i.e., 11,000,000 won - 2,700,000 won) than the statutory upper limit of the intermediary fee from the plaintiff.

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