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(영문) 부산지방법원 2020.10.30 2020나42385
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is a licensed real estate agent operating the "D Licensed Real Estate Agent Office" in Busan Dong-gu, Busan, and E is a regional real estate agent broker for the plaintiff.

B. The 1st and the 2nd of the 7th floor building located in the Busan Suwon-gu F (hereinafter “instant commercial building”) was owned by the Defendant, the 3th to 7th floor, and the 3rd, the 1st and the 7th, and the H, the Defendant’s external father, managed the entire commercial building of this case on behalf of the Defendant and G.

C. E requested for the sale of the instant commercial building by seeking H several times, and H first demands more than 4,00,000,000 won in total.

Ultimately, the sales of the instant commercial building in total amount of KRW 3,920,000,00 was agreed.

Accordingly, on July 26, 2019, the Defendant sold 1,500,000,000 the first and second floors among the instant commercial buildings to I.

(hereinafter “instant sales contract”). E.

Article 7 of the sales contract of this case provides, “The brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence by the practicing licensed real estate agent. In the case of joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent he/she has requested, respectively.” Article 9 of the sales contract provides, “A practicing licensed real estate agent shall prepare a description of the object of brokerage and deliver it to both parties to the transaction (the date of delivery: July 26, 2019) along

In addition, the "licensed Real Estate Agent" of each of the above contracts includes D Licensed Real Estate Agent's Office (Name of Representative: Plaintiff) and J Licensed Real Estate Agent's Office (Name of Representative: K and Licensed Real Estate Agent's Office: L).

F. Since August 30, 2019, the Defendant received all balance from I on the same day and completed the registration of ownership transfer of the commercial building on the same day, and K on the same day.

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