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(영문) 수원지방법원 2017.10.12 2017가단5248
중개수수료 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

On October 4, 2016, a sales contract was concluded between the Defendant and the YTTT Co., Ltd. with respect to the purchase price of KRW 5.65 billion on October 4, 2016 on the land (hereinafter “instant real estate”) located in the location of the Defendant’s wife population, as the Plaintiff’s broker, as to the land (hereinafter “instant real estate”).

Therefore, the defendant is obligated to pay to the plaintiff brokerage fees such as the statement in the purport of the claim within the limit of the rates provided by the Licensed Real Estate Agent Act.

Provided, That the following facts are recognized by the parties or by the purport of Gap's evidence 1, 2, 2, 3, and 4 and all pleadings.

Since several years, the defendant requested the B Licensed Real Estate Agent Office to sell the real estate of this case.

The Plaintiff arranged a sales contract for the instant real estate upon request from a clear Embex Co., Ltd., but it did not reach the Defendant’s side until the time of the sales contract.

On October 4, 2016, with respect to the instant real estate, a sales contract of KRW 5.65 billion was concluded between the Defendant and a clear architecture company (hereinafter “instant sales contract”).

On December 6, 2016, after the payment of the remainder, the Defendant paid KRW 25 million to C who arranged the instant sales contract, while working at the B Licensed Real Estate Agent Office.

According to the sales contract prepared at the time of the contract of this case, a brokerage fee is paid by both parties to the contract at the same time as the contract of this case is concluded, and in the case of a joint brokerage, the seller and the buyer respectively pay the brokerage fee to the broker whom they have requested the brokerage, and they were written in the same language as the broker. Although only the plaintiff was written as the broker under the above contract, the plaintiff did not have any fact that the plaintiff was requested by the defendant

The legal relationship between the real estate broker and the client is a kind of delegation relationship.

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