(영문) 대구지방법원 2019.07.25 2018나11525

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(영문) 대구지방법원 2019.07.25 2018나11525

중계수수료

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent engaging in the real estate brokerage business under the trade name of “C”, and the Defendant is a person who was the owner of 1,297 square meters of land in Busan Metropolitan City D (hereinafter “instant real estate”).

B. On December 16, 2017, the Defendant concluded a sales contract with the Plaintiff’s office to sell the instant real estate at KRW 2,000,000,000 (hereinafter “instant sales contract”).

C. At the time of the instant sales contract, the broker column of the sales contract was written by F, a licensed real estate agent on the part of the Plaintiff and the buyer, and Article 7 of the said sales contract was written by the following: “The practicing licensed real estate agent is not liable for the nonperformance of this contract by the seller or the buyer. In addition, the brokerage remuneration shall be paid by both parties at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is null, void, or cancelled 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 upon their request.” The Defendant, E, and the Plaintiff and F, an individual,

In addition, the confirmation and explanatory note of the object of brokerage attached to the above sales contract is indicated as 19,80,000 won [Calculation Contents 2,000,000,000 x (0.9%)] and the defendant, E, and the plaintiff and F, respectively.

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

2. Summary of the parties' arguments

A. The Plaintiff mediated the instant sales contract, and the Defendant agreed to pay the Plaintiff KRW 19,800,000 to the commission for brokerage, and the Defendant is obligated to pay the Plaintiff KRW 19,80,000 and delay damages.

B. Defendant’s instant sales contract is without qualification as a licensed real estate agent, not the Plaintiff.

유사 판례

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-부산지방법원 2016.06.30 2015나47362

-부산지방법원 2018.05.30 2017가단321797