Text
1.The judgment of the first instance shall be modified as follows:
Of the instant litigation, KRW 4,000,000 among the instant litigation and its related thereto.
Reasons
1. Facts of recognition;
A. On June 16, 2017, the Defendant concluded, as a broker of the Plaintiff, a licensed real estate agent C, a sales contract for the Seocho-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant real estate”) owned by the Defendant, respectively, on July 4, 2017, with respect to the purchase price of KRW 860,00,000 and the remainder payment date (hereinafter “instant sales contract”).
B. At the time of the conclusion of the instant sales contract, the Plaintiff prepared an explanatory note for confirmation of the object of brokerage, signed and sealed by the Defendant and buyer C, and delivered it. The said explanatory note is written as follows: “4,300,000 won” and “860,000,000 won x 0.5% x 0.5%.”
C. On July 4, 2017, the Defendant received the remainder of the instant sales contract from the buyer.
F (F) On September 1, 2017, the Seoul Central District Court 2017Kadan810732 (hereinafter “instant provisional attachment decision”) made a provisional attachment application against a claim corresponding to “1/2 of each brokerage commission that the Plaintiff has against the Defendant, etc.” with the Plaintiff’s obligor, Defendant, etc. as the garnishee. The instant provisional attachment decision was served on the Defendant, who is the garnishee on September 7, 2017.
E. Since then, F filed a lawsuit claiming the agreed amount (hereinafter “related lawsuit”) with the Seoul Central District Court Decision 2017Da5245142, which decided that F shall jointly operate the Plaintiff’s and H real estate real estate agent office and distribute the remainder after deducting the total amount of commission received from the total amount of commission received to 50:50,000.
On July 5, 2019, the above court rendered a favorable judgment in favor of F, which states that “the Plaintiff shall pay F KRW 15,032,50 and delay damages therefor,” and the Plaintiff appealed against the above judgment as the court 2019Na48303, and is still pending in the appellate trial.
(f)F.