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(영문) 서울중앙지방법원 2016.09.08 2016가단14063
중개수수료
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is a person who operates the G Licensed Real Estate Agent Office in Gangnam-gu Seoul, Seoul, and Defendant B is a person who operates the I Licensed Real Estate Agent Office in Gangnam-gu, Seoul.

J is the mediation assistant of the plaintiff A, and K is the mediation assistant of the plaintiff B.

B. On September 18, 2015, the Defendants concluded a sales contract with L on September 18, 2015, to sell the land and buildings in Gangnam-gu Seoul, Seoul (hereinafter “instant real estate”) owned by L for KRW 11,500,000,000.

Article 8 of the sales contract provides that "if the seller or the purchaser requests the affairs other than this contract, the remuneration therefor shall be paid separately from the brokerage remuneration, and the amount shall be agreed upon."

After that, L made a full payment of the purchase price, and completed the registration of ownership transfer on November 3, 2015.

C. On September 18, 2015, Defendant C drafted a written consent for sale and an arrangement for brokerage honorarium as follows:

(hereinafter “instant agreement”). Under the instant agreement, the instant agreement states “I Licensed Real Estate Agent K (U.S.)/G real estate J.”

1) The sales price is 11,50,000,000 won, including deposits and loans, and is, in principle, a contract key, under the following conditions with respect to commissioning sale of the instant real estate. 2) The sales price is 11,50,000,000 won, and is, in principle, at the normal contract:

(3) Other matters are dealt with in accordance with the practices of real estate brokerage. 4) Brokerage honorariums: G real estate J and IK will be paid in cash when the contract is concluded, separately from the normal case cost of KRW 100 million.

Provided, That the Cash Receipt for KRW 100 million in the remainder shall be the issue place of both real estate.

5) The separate reward for KRW 50 million is received without charge; 6) is aware that there is no objection, and the consent is given, provided that there is an objection to a separate honorarium thereafter.

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