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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office”.
B. On April 17, 2017, Defendant B entered into a contract with Nonparty E and six other parties (hereinafter “sellers”) to purchase multi-family houses located in Dongjak-gu Seoul Metropolitan Government F (hereinafter “instant real estate”) at KRW 1,090,000,000 for the purchase price.
(hereinafter “instant sales contract”). C.
The terms of the instant sales contract concerning the payment agreement of brokerage commission are as follows.
Article 7 (Mediation Remuneration) No practicing licensed real estate agent shall be liable for the seller's or buyer's default of this Agreement.
In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or terminated without the intention or negligence of the practicing licensed real estate agent.
In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage.
III. Matters concerning brokerage fees, etc. GJ I L MNH KOB ED
D. On August 31, 2017, the Defendant paid the balance of sales price E to the seller’s representative E, and completed the registration of ownership transfer regarding the instant real estate on the same day.
E. Meanwhile, around June 2017, the Defendant paid KRW 3,000,000 to the Plaintiff as the intermediary fee for the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 6 and the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff asserted as to the instant real estate arranged and arranged the conclusion of the sales contract between the seller and the Defendant, the Defendant is obligated to pay the Plaintiff the remainder of KRW 6,810,000, excluding the partial payment of KRW 3,000,000, as agreed to by the Plaintiff.
B. The defendant's assertion 1 is against the plaintiff and the defendant.