(영문) 서울중앙지방법원 2018.05.24 2017나74605

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(영문) 서울중앙지방법원 2018.05.24 2017나74605

부동산중개수수료

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent, and the Defendant is the owner of a house of 208 square meters and 4-story above ground in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant real estate”).

B. On March 26, 2017, the Plaintiff: (a) requested the Defendant to sell the instant real estate; and (b) requested the Defendant to display the buyerD; and (c) received the account number from the Defendant by notifying the Defendant of the account number to transfer the provisional contract amount; and (d) transferred KRW 5 million to the Defendant on the same day.

C. On March 27, 2017, the Defendant withdrawn the Plaintiff’s intent to sell the instant real estate, but D transferred KRW 10 million to the Defendant on the same day on the same day, and the Defendant wired KRW 20 million to D via D’s account known to the Plaintiff, and on the same day, drafted a sales contract for the instant real estate at another licensed real estate agent’s office on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. On March 27, 2017, the instant real estate sales contract was concluded between the Defendant and D by the Plaintiff’s brokerage.

Nevertheless, the defendant deceivings the plaintiff and D and revoked the real estate sales contract of this case. Since the real estate sales contract of this case was revoked for reasons not attributable to the plaintiff, the defendant is obligated to pay 20,691,000 won to the plaintiff.

B. Determination of real estate brokerage act is to arrange the transaction, exchange, lease, or other acquisition and loss of rights between the parties to the transaction regarding the object of brokerage, and the broker may claim payment of brokerage commission only when the contract has been concluded between the client and the other party by his/her own brokerage act, i.e., the preparation of the contract. The real estate broker has made efforts to mediate the object of brokerage.

Even if a contract is not concluded by brokerage, it is not concluded.

유사 판례

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-서울중앙지방법원 2015.11.06 2015가합3865

-수원지방법원 2019.02.14 2018나6867

-서울중앙지방법원 2016.03.30 2015가합566083