(영문) 수원지방법원안양지원 2015.10.16 2015가단4113

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(영문) 수원지방법원안양지원 2015.10.16 2015가단4113

부동산중개수수료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the fact that there is no dispute over basic facts, Gap evidence Nos. 7 and Eul evidence Nos. 8, and the purport of the entire pleadings, the Korea Land and Housing Corporation created a town on ten parcels of land from around 2010 to around 27,920.9 square meters in Ansan-si, and sold it in lots. The Korea Land and Housing Corporation (hereinafter “instant real estate”) on March 13, 2013, registered registration of preservation of ownership for DDa-1168.2 square meters (hereinafter “instant real estate”), and the defendant entered into a contract for sale of the instant real estate (hereinafter “instant sales contract”) with the Korea Land and Housing Corporation on January 14, 2015, and completed the registration of ownership transfer under the Defendant’s name on March 6, 2015.

2. The assertion and judgment

A. The Plaintiff’s assertion for the first time introduced the instant real estate to the Defendant, together with the Defendant, sent an on-site answer, and notified the sale price, size, etc. of the instant real estate to the Defendant, as well as the instant sales contract to be concluded by the employees in charge of the Korea Land and Housing Corporation, such as the method of concluding the sales contract and the notification of payment method of the sales price through the employees in charge of the Korea Land and Housing Corporation. As such, the Defendant is obligated to pay to the Plaintiff the brokerage commission (42,791,791,574,000 won x 0.9%)

B. The judgment of real estate brokerage contract is a contract under which a real estate broker receives remuneration equivalent to the brokerage commission on the condition that the real estate broker completes the conclusion of the contract, such as the preparation of the contract, etc. on the object of brokerage. Thus, the party asserting that there is a claim for the brokerage commission must prove not only the conclusion of the real estate brokerage contract, but also the fact that the real estate sales contract was constituted by his/her own act. Even if the broker has made an endeavor for brokerage, it is equivalent to the ratio of his

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