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(영문) 수원지방법원평택지원 2015.11.05 2015가단7607
부동산중개수수료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are licensed real estate agents, and the Defendants are the clients who requested the Plaintiffs to mediate the sale and purchase of the land and buildings of Pyeongtaek-si C (hereinafter “instant real estate”).

B. On February 25, 2015, the Defendants: (a) concluded a sales contract (a) with the seller’s purchase price of KRW 1.915 billion with respect to the instant real estate as KRW 1.915 million; (b) and (c) concluded the sales contract with the seller’s name and the buyer’s name and the buyer’s name and the buyer’s name and condition; (c)

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs introduced the defendants for the first time, together with the employees or representative directors of the defendants, and notified them of the present situation, use plan, acquisition cost, and market price of neighboring land, etc. of the real estate of this case. In addition, since the defendants actively endeavored to reach an agreement on the sale price, etc., they are obligated to pay 17,235,00 won (1.95 billion won x 0.9%) and delay damages to the plaintiff Eul as brokerage commission.

B. The Defendants do not exclusively request the mediation to the Plaintiffs.

The Defendants concluded the instant sales contract through other licensed real estate agents who have successfully conducted high-price negotiations than the Plaintiffs.

3. Determination

A. The real estate brokerage contract is a contract under which the real estate broker is to receive remuneration equivalent to the brokerage commission on the condition that the real estate broker completes the conclusion of the contract, such as the preparation of the contract, etc. on the object of brokerage by the act of brokerage.

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