(영문) 서울남부지방법원 2020.12.17 2020나50216

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(영문) 서울남부지방법원 2020.12.17 2020나50216

손해배상금

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of Yangcheon-gu Seoul Metropolitan Government C building and E in subparagraph (D).

B. On October 18, 2018, the Defendant’s wife F entered into a contract with H to purchase the fourth floor K of the building J of Yangcheon-gu Seoul (hereinafter “instant real estate”) in the amount of KRW 30 million,000,000, under the intermediation of H, which operates the “G Licensed Real Estate Agent Office”, and paid KRW 2,310,000,000, brokerage commission to H on the same day.

[Recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1, 3, 4, 5, 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff introduced the real estate of this case to the defendant according to the defendant's brokerage request, and the defendant excluded the plaintiff in order to avoid the payment of brokerage commission to the plaintiff and concluded a sales contract with I on the real estate of this case with I. Thus, the defendant is obligated to pay the total amount of 5,940,000 won (amount of 330,000,000 x 0.9% x 2).

3. Determination

A. Since a real estate brokerage contract provides that a real estate broker shall receive remuneration equivalent to a brokerage commission on the condition that the real estate broker completes the conclusion of the contract, such as the preparation of a contract, on the object of brokerage by his/her act as a broker, the real estate broker is obligated to prove not only the fact that the real estate brokerage contract was concluded, but also the fact that the real estate sales contract was concluded by his/her act as a broker. Even if the broker has made an endeavor as a broker, he/she may not claim a brokerage commission equivalent to the ratio of his/her endeavor unless the contract was concluded by his/her act as a broker. However, the real estate broker

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