(영문) 서울중앙지방법원 2015.11.06 2015가합3865

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(영문) 서울중앙지방법원 2015.11.06 2015가합3865

중개수수료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is real estate brokerage business.

B. On October 22, 2014, the Defendant entered into a contract with the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and 2,22.2 billion won to purchase land and its ground buildings (hereinafter “D building”) owned by B (hereinafter “instant sales contract”).

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 13, purport of the whole pleadings

2. The judgment of this Court

A. On September 30, 2014, the Plaintiff’s assertion entered into an oral brokerage contract with the Defendant for the brokerage of the sales contract of the D building, and provided the Defendant with important information, such as the purchase fund creation plan, tax processing plan, and the status of lease of the D building, the status of the parking lot revenue, the reason why B would promptly dispose of the D building, and the contract with the existing intent to purchase was not carried out as soon as possible. On the other hand, the Plaintiff prepared to obtain a loan of 18 billion won out of the purchase fund from the south branch of the Korean bank, and made a critical contribution to the conclusion of the instant sales contract.

However, the Defendant concluded the instant sales contract with the exclusion of the Plaintiff itself and did not pay brokerage fees to the Plaintiff. As such, the Defendant seek against the Defendant for payment of KRW 199,80,000,000, equivalent to 0.9% of the above sales amount.

B. Determination 1 real estate intermediary act is an intermediary act between the parties to a transaction regarding the object of brokerage, such as sale, exchange, lease, and other gain, loss, and transfer of rights between the parties to the transaction. In principle, the broker may claim a brokerage commission to the broker only when the contract is completed before the formation of the contract, such as the preparation of the contract concerning the object of brokerage, etc. However, even though the broker served as a decision on the formation of the contract, the act of brokerage

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