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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is a licensed real estate agent. On March 24, 2016, the Defendants, as the Plaintiff’s intermediary, concluded a sales contract with D to pay the remainder amount of KRW 3,483,00,000,000 to each of the Defendants on April 28, 2016 (hereinafter “instant sales contract”), and paid KRW 3,870,000,000 to D for the sales price of KRW 3,870,000 for the instant land and the instant building together with the instant land, and the Defendants paid KRW 3,483,00,00 for the remainder amount of KRW 3,483,00,00 for the sales contract (hereinafter “instant sales contract”). On March 24, 2016, the Defendants paid KRW 30,000 to D and the instant land and the instant building to D as the down payment.
Article 7 of the sales contract of this case provides that "the practicing licensed real estate agent is not liable for the default of this contract by the seller or the buyer. In addition, the brokerage remuneration is paid by both parties to this contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even after the 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 requested the brokerage."
The instant land is adjacent to the Seocho-gu Seoul Metropolitan Government G land owned by F (hereinafter “instant adjacent land”), and the part of the emergency stairs, which was lowered into the underground floor of the instant building, was built in a state where three square meters (hereinafter “the part of the adjoining land”) of the instant adjacent land was invaded by three square meters (hereinafter “instant adjacent land”).
F Around March 17, 2015, in order to reconstruct the building on the adjoining land of this case, the F measured the boundary of the adjoining land of this case (round that time, the boundary point marks of the adjoining land were installed on the underground passage, etc. connected to the underground passage of the building of this case), and the construction work is completed and December 2, 2015.