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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The plaintiff is a corporation whose purpose is real estate brokerage, etc.
On October 7, 2015, Defendant B and C (hereinafter “Defendant Company”) concluded a contract to sell real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 29,500,000,000, owned by Sable International (hereinafter “Sable International”) on October 7, 2015.
[Grounds for recognition] The Plaintiff, the broker of the Plaintiff’s assertion of the overall purport of the arguments, and Gap’s evidence Nos. 5 and 6, had concluded an oral brokerage contract with the Defendants upon their request, and introduced the Defendants with E. B. agent. The sales price of the instant sales contract was determined as KRW 29.5 billion, which was delivered by E. B. agent from E. B. agent upon the Plaintiff’s proposal.
Therefore, the Plaintiff contributed to the conclusion of the instant sales contract.
However, the defendants concluded the sales contract of this case with the exclusion of the plaintiff himself.
Therefore, the Defendant, as a broker contract or remuneration under Article 61 of the Commercial Act, is obligated to pay to the Plaintiff the statutory brokerage commission equivalent to 0.9% of the purchase price of the instant case, KRW 265,50,000 and delay damages therefor.
Judgment
The act of real estate brokerage is to arrange the transaction, exchange, lease, and other acts concerning the acquisition, loss, and transfer of rights between the parties to the transaction regarding the object of brokerage. In principle, the broker may claim the brokerage commission to the client only before the conclusion of the contract is completed, including the preparation of the contract for the object of brokerage. However, the special circumstances, such as the discontinuance of the act of brokerage for reasons for which the broker was not responsible, and the preparation of the final contract was not involved.