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1. The Defendant shall pay to the Plaintiff KRW 33,50,000 and the interest rate of KRW 15% per annum from July 16, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs real estate brokerage business under the trade name “D” in Kimpo-si, Kimpo-si.
Defendant B and E are the owners of land and buildings on two lots outside F in Kimpo-si, Kimpo-si, and Defendant B are the owners of land and buildings on two lots (hereinafter “Defendant’s real estate”). E is the owners of land and buildings on three lots outside G in Kimpo-si, Kimpo-si, and land and buildings on three lots (hereinafter “E real estate”), both the Defendant’s real estate and E (hereinafter “instant real estate”).
B. On July 2, 2014, the Defendants concluded a contract to sell the Defendant’s real estate to H and one other as the Plaintiff’s broker (hereinafter “Defendant’s real estate sales contract”) and a contract to sell the real estate to E to 1.5 billion won (hereinafter “E real estate sales contract”); and the said two sales contracts collectively referred to as “instant sales contract”).
The sales contract of this case contains the following terms and conditions of the contract and special agreement.
Article 3 (Extinguishment of Restricted Real Rights, etc.) If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer the full ownership to the buyer
except in cases of rights and amounts agreed to succeed.
[Matters of special agreement] Various public charges until the remainder shall be borne by the seller.
IE Kimpo-si means the defendant's real estate located on the ground of K in IE Kimpo-si.
and J building E means real estate.
The condition of transaction at the same time is the seller's contract for convenience.
C. The Plaintiff received 2.7 million won (30 million won x 0.9%) from E among the brokerage commission under the instant sales contract, but did not receive 13.5 million won (=1.5 billion won x 0.9%) for the part on E’s real estate.
In addition, the sales contract of this case.