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(영문) 서울동부지방법원 2017.10.20 2016가단25462
부동산중개수수료
Text

1. The defendant shall pay 20,800,000 won to the plaintiff and 15% per annum from August 9, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. While the Plaintiff was operating a real estate brokerage business with the trade name “C Licensed Real Estate Agent” in Seongdong-gu Seoul Metropolitan Government, the Plaintiff was entrusted by the Defendant with the sale brokerage on the land for factory located in Seongdong-gu Seoul Metropolitan Government D and the building of reinforced concrete 1642.17 square meters (hereinafter “each of the instant real estate”).

B. On October 16, 2015, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff’s broker, setting the purchase price of each of the instant real estate as KRW 6.8 billion with the buyer E and one other.

(However, at the request of buyers, sales contract was prepared on March 21, 2016, which was re-preparationd in the name of buyer Sgallonia, and multiple houses.

On July 28, 2016, after the completion of the payment of the remainder of the above sales contract, the Defendant paid 22 million won (including value-added tax) to the Plaintiff as a brokerage commission, but received a refund of 2 million won.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the plaintiff's claim (wholly quoted)

A. The plaintiff asserts that the plaintiff should pay the remainder after deducting the amount of KRW 20 million already paid from KRW 40,800,000, which is at least 0.6% of the sales price, which is the maximum legal rate of KRW 0.9%, from KRW 0.7% of the sales price at the time of the sales contract in this case. The defendant asserts that at the time of the sales contract in this case, the defendant agreed with the plaintiff as the broker fee of KRW 22 million (including value-added tax).

B. According to the above facts of the judgment, the defendant is aware that he entered into the sales contract of this case with buyer E, etc. under the plaintiff's brokerage. Thus, the defendant is obligated to pay brokerage fees to the plaintiff pursuant to Article 32 (1) of the Licensed Real Estate Agents

The plaintiff shall be charged at least 0.6% of the purchase price with the defendant as a brokerage fee.

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