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(영문) 서울남부지방법원 2020.08.25 2019가단268966
중개보수
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the authorized brokerage business under the trade name of D Licensed Real Estate Agent Office in Kimpo-si, and the Defendant is a company that runs the real estate sale and lease business.

B. The Defendant: (a) requested F, who operates the E-Real Estate Brokerage Office, to purchase and intermediate H, I, J, K sites and buildings owned by G (hereinafter “first real estate”) and L M, N,O sites and buildings (hereinafter “second real estate”) owned by G; and (b) requested F, who purchase and intermediate the instant real estate and the instant real estate collectively (hereinafter “instant real estate”).

C. On January 7, 2019, the Defendant entered into a sales contract with L and 4,545,000,000 for the instant real estate in KRW 6,065,00 for L and 2 real estate.

At the time of the above sales contract and the certificate of object of brokerage, Qua operating the P Licensed Real Estate Agent Office as the seller's licensed real estate agent, and F as the buyer's licensed real estate agent, and at the bottom, "trade name: D Licensed Real Estate Agent's Office, Address: Gyeonggi Kimpo-si, and Representative: A" were stated.

E. The above sales contract was cancelled on June 2019 due to the Defendant’s failure to pay the remainder, and F waived its claim for brokerage commission against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The Plaintiff’s assertion was explicitly requested by the Defendant to mediate purchase of the instant real estate through F, a licensed real estate agent for the buyer, and the Plaintiff’s claim for remuneration under Article 61 of the Commercial Act by acting as a broker for purchase for the Defendant’s interest. Therefore, the Plaintiff’s claim for payment of KRW 52,519,500, out of the brokerage remuneration amounting to 0.9% of the purchase price.

B. As to whether the Plaintiff received a request from the Defendant for the purchase brokerage of real estate, the evidence Nos. 1 through 4, and 9 is used.

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