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(영문) 서울중앙지방법원 2017.01.17 2016가단71387
중개수수료 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On June 16, 2015, the Plaintiff, as a licensed real estate agent, arranged the purchase and sale of the D building at Defendant B’s request.

However, Defendant B visited the Plaintiff and the Plaintiff along with the foregoing D Building, and sought various explanations from the Plaintiff, and then sent phone calls and text calls to Defendant B’s husband with Defendant C even thereafter. On June 24, 2015, Defendant B contacted the Plaintiff that the building did not appear in mind.

On June 27, 2015, without excluding the Plaintiff, the Defendants concluded a sales contract of KRW 2.83 billion for the D building through another real estate brokerage office in the vicinity of the D building.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 43,582,000 won (the buyer’s brokerage commission of KRW 15,565,000) as the brokerage commission for the Plaintiff (the seller’s brokerage commission of KRW 28,07,00) and damages for delay.

B. Although Defendant B visited the Plaintiff’s brokerage office to introduce several recommendations and set up the site at the same time, the Plaintiff waived the purchase due to the Plaintiff’s real estate price and brokerage commission higher than the Plaintiff’s real estate price and the Plaintiff did not appear to have requested brokerage from the seller of the D building, and the Plaintiff did not proceed to the specific brokerage act.

The Defendants only requested brokerage to a brokerage office that presents the most favorable price at the E-dong regional brokerage office by visiting several locations of E-dong brokerage offices, and purchased the D building, and it does not constitute a direct sales contract with the seller. Thus, the Defendants cannot respond to the Plaintiff’s request.

2. The act of real estate brokerage on the market is to mediate the sale, exchange, lease and other acts concerning the acquisition, loss and transfer of rights between parties to a transaction regarding the object of brokerage (Article 2 subparagraph 1 of the Licensed Real Estate Agents Act), and the practicing licensed real estate agent, from the clients concerning the brokerage business;

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