logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.03.17 2016나10626
중기수수료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for the determination of the Plaintiff’s assertion added to the court of first instance, and therefore, it is identical to the reasoning of the court of first instance under the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be determined additionally

A. The Plaintiff’s assertion H and I is not a licensed real estate agent, and even if the Defendant concluded a real estate brokerage contract with H and I as to the forest of this case and the forest of this case, it is null and void. Since the agreement between the Defendant and H and I was merely a consulting contract that helps the Defendant enjoy the resale profit, the Defendant should pay the Plaintiff a commission for the real estate brokerage, apart from the amount paid to H and I.

B. In order for a licensed real estate agent to receive fees for the brokerage business from a client, a brokerage contract should be concluded between a licensed real estate agent and a client.

(See Article 32(1) of the Licensed Real Estate Agents Act. In this case, it is not sufficient to acknowledge that there was a brokerage contract between the Plaintiff and the Defendant on the forest land and the previous forest land in this case only with the statement of health class A and evidence No. 3-1 of this case.

In addition, the mediation contract between the defendant, H, and I is null and void, or the contract between the defendant and H, and I is not limited to the consulting contract.

Therefore, it cannot be deemed that there was a brokerage contract between the Plaintiff and the Defendant regarding the above real estate.

Therefore, the plaintiff's above assertion is without merit.

3. As such, the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are also borne by the plaintiff. It is so decided as per Disposition.

arrow