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(영문) 서울중앙지방법원 2018.11.02 2018나25983
기타(금전)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a practicing licensed real estate agent operating real estate brokerage business under the trade name of Seocho-gu Seoul Metropolitan Government Office and 104, and E is a licensed real estate agent belonging to the above licensed real estate agent office.

B. On April 29, 2017, the Defendant concluded a sales contract with F to purchase the purchase price of KRW 900,000,000 from the Seocho-gu Seoul Metropolitan Government G Apartment KRW 102 Dong 204 (hereinafter “instant sales contract”) as the broker of the said E, a licensed real estate agent affiliated with the Plaintiff.

C. At the time of the instant sales contract, the practicing licensed real estate agent’s column for the sales contract was indicated as “mutual D Licensed Real Estate Agents’ Office and Representative A (Plaintiff)” and the A’s seal is affixed on the side of A’s name, and the affiliated licensed real estate agent’s column is an official column.

In addition, the confirmation and explanatory note of the object of brokerage prepared at the time of the instant sales contract states that the defendant's brokerage remuneration to be paid to the plaintiff is KRW 8,100,00,000, and the brokerage remuneration calculation statement is stated as "90 million x 0.9% x 0.9% x the brokerage remuneration is in accordance with the rate prescribed by City/Do municipal ordinance, or the value-added tax may be imposed separately on the rate that the broker and the practicing licensed real estate agent agree on and determine within the rate limit prescribed by City/Do municipal ordinance." In addition, the corporate real estate agent's column of the confirmation and explanatory note of the object of brokerage is stated as "the name of office, D Licensed Real Estate Agent's Office, Name (Representative) A (Plaintiff)", and the affiliated licensed real estate agent's column is public column.

E. Article 25(4) and Article 26(2) of the Licensed Real Estate Agents Act are not required to sign and seal the confirmation, description, and contract document of the object of brokerage while working as a licensed real estate agent belonging to a licensed real estate agent office by the Seoul Special Metropolitan City Mayor on August 3, 2017.

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