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(영문) 부산지방법원 2020.10.30 2020나42439
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is a licensed real estate agent operating the "D Licensed Real Estate Agent Office" in Busan Dong-gu, Busan, and E is a regional real estate agent broker for the plaintiff.

B. From the 7th floor building located in the Busan Suwon-gu F (hereinafter “instant commercial building”), from the 3th to the 7th floor, the 1st floor and the 2nd floor were owned by G, which is the Defendant’s son and woman, respectively (including each ownership site right; hereinafter the same shall apply), and H, who is the Defendant’s husband, managed the entire commercial building of this case on behalf of the Defendant and G.

C. E requested for the sale of the instant commercial building by seeking H several times, and H first demands more than 4,00,000,000 won in total.

Ultimately, the sales of the instant commercial building in total amount of KRW 3,920,000,00 was agreed.

Accordingly, on July 26, 2019, the Defendant sold 1 to 2,000,000 the sales price of 3 to 6th,000,000 among the instant commercial buildings, and sold 7th, to J in sales price of 420,000,000.

(hereinafter “each of the instant sales contracts”) E.

Article 7 of the sales contract of this case provides, “The brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence by the practicing licensed real estate agent. In the case of joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent he/she requests, respectively.” Article 9 provides, “A practicing licensed real estate agent shall prepare a confirmation description of the object of brokerage and deliver it to both parties to the transaction (the date of delivery: July 26, 2019) accompanied by a copy of the

In addition, the "licensed Real Estate Agent" of each of the above contracts includes D Licensed Real Estate Agent's Office (Name of Representative: plaintiff) and K Licensed Real Estate Agent's Office (Name of Representative: L and Licensed Real Estate Agent's Office: M).

F. Since then, the Defendant receives all balance from I and J on August 30, 2019.

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