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(영문) 인천지방법원부천지원 2015.02.13 2014가단28321
손해배상(기)
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 the trade name of “F Real Estate” in Bupyeong-si, Seocheon-si, the trade name of Plaintiff B, “G Real Estate Brokerage Office,” and Defendant C is one of the trade names of “H Licensed Real Estate Agent Office,” in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si.

B. On February 28, 2014, I entered into a sales contract with JJ to sell KRW 3,270,000,000 of the purchase price of KRW 719.8 square meters (hereinafter “instant real estate”) in Seocheon-gu Seoul Special Metropolitan City (hereinafter “instant sales contract”) and completed the registration of ownership transfer with J on April 10, 2014.

C. On April 23, 2014, Defendant C employed Defendant D as a broker assistant of the said brokerage office. On April 24, 2014, Defendant C transferred KRW 17,000,000 from I to Defendant D the brokerage commission of the instant sales contract and delivered it to Defendant D, and issued cash receipts under the name of H Licensed Real Estate Agents’ Office.

[Ground of recognition] Evidence Nos. 1, 2, 3-1, 2, 5, 20-2, 3, and 20-2, 20-3, and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. A. The summary of the Plaintiffs’ assertion: (a) around December 16, 2013 and February 5, 2014, Plaintiff B requested I to mediate the instant real estate by the owner of the instant real estate; and (b) requested Plaintiff A to jointly act as a broker for the instant real estate on February 18, 2014; and (c) on February 19 and February 20, 2014, Plaintiff A confirmed and explained the instant real estate to L who asked for the purchase brokerage of the instant real estate site, including commercial buildings, and stated the location, category, and size of the said real estate. Defendant D and E, who is not qualified as a licensed real estate agent, did not receive brokerage fees from I and J by mediating the instant sales contract on February 28, 2014, and Defendant C, as if he/she acted as a broker, was aware of the fact that he/she acted as a broker.

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