Text
1. The Defendant’s KRW 96,155,280 as well as the Plaintiff’s annual rate from September 20, 201 to May 20, 2015, and the following.
Reasons
1. From August 18, 2010 to Jinjin-si, the Plaintiff owned C Forest land (the land category of June 18, 2012 is changed to site) 562 square meters (hereinafter “instant real estate”) as the cause of partition of co-owned property on August 13, 2010. On September 14, 2011, the Plaintiff sold KRW 249,60,000 to the Defendant for acquisition of KRW 152,00,000 as the collateral security debt, and concluded a sales contract with the Defendant to pay the remainder of KRW 97,60,000 to the Plaintiff simultaneously with the registration of transfer of ownership. The Defendant concluded a verbal contract with the Daejeon District Court of Daejeon District, the fact that the registration of ownership transfer was completed as of September 19, 201 by the receipt of No. 3865, has no dispute between the parties.
The defendant is obligated to pay to the plaintiff the remaining purchase price of KRW 97,600,000 and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the Plaintiff’s claim of this case set off KRW 15 million against the Defendant’s claim around November 201, 2012.
The items shall be examined by item.
B. The Defendant asserts that the Plaintiff should pay KRW 30 million to the Defendant the sales commission, KRW 50 million for the reimbursement of KRW 30 million, and KRW 50 million for the reimbursement of the reimbursement (the brokerage commission paid by the Defendant to D on behalf of the Plaintiff).
The price of this item is the brokerage commission in relation to real estate brokerage in substance.
The purpose of the Real Estate Brokerage Act is to contribute to the protection of people’s property rights by guiding and fostering real estate brokerage business in a sound manner and properly regulating real estate brokerage business. As such, since the legislative purpose of the Real Estate Brokerage Act is to contribute to the protection of people’s property rights by enhancing the credibility of real estate brokers and establishing a fair order in real estate transactions, an agreement on the payment of brokerage fees entered into by a person without qualification
However, there is no qualification for licensed real estate agents.