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(영문) 수원지방법원 2017.06.01 2016가단521798 (1)
중개수수료반환 청구
Text

1. The Plaintiff:

A. Defendant B’s KRW 20,483,231 as well as 5% per annum from July 8, 2016 to June 1, 2017.

Reasons

I. Claim against Defendant B

1. Basic facts

A. On January 20, 2014, the Plaintiff concluded a sales contract with F Co., Ltd. (hereinafter “F”) to sell the instant land for KRW 1,342,580,000 on behalf of E (hereinafter “the first sales contract”).

Defendant B, as a licensed real estate agent, had the buyer enter into the first sale contract by coloring F. The Defendant C requested the sale of the instant land to Defendant B upon the Plaintiff’s request.

B. The Plaintiff received KRW 100 million as down payment from F on the date of conclusion of the first sales contract, and at the request of the Defendants, upon the conclusion of the contract, the Plaintiff paid KRW 30 million on January 22, 2014, and KRW 64 million on April 9, 2014, as a brokerage commission, at the request of the Defendants.

C. The Defendants divided one half of the brokerage commission paid to the Plaintiff as above.

Accordingly, Defendant B used KRW 15 million among the money received on January 22, 2014 and KRW 17 million among the money received on April 9, 2014.

On March 19, 2014, the Plaintiff and the FF changed part of the first sales contract, including the buyer, G Co., Ltd., and accordingly, the sales amount of KRW 1,163,310,000 was increased to KRW 200 million.

(hereinafter “Secondary sales contract”). The sales contract was also prepared by Defendant B.

E. On May 16, 2014, the Plaintiff and G Co., Ltd. changed part of the secondary sales contract by re-afforesting the purchaser into F (hereinafter “instant sales contract”). At the time, the sales amount was maintained KRW 1,163,310,000 as stipulated in the secondary sales contract.

The contract is also prepared by Defendant B.

F. As E died on July 17, 2014, the Plaintiff acquired the instant land on the ground of inheritance due to an agreement division.

(g)...

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