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(영문) 서울중앙지방법원 2014.12.05 2014나16653
중개수수료반환 등
Text

1. Plaintiff B, among the parts against Plaintiff B in the judgment of the court of first instance, equivalent to the amount ordering the payment below.

Reasons

1. Basic facts

A. On September 7, 2009, Plaintiff A was the father of Plaintiff B, and Plaintiff A entered into a sales contract with G, an agent of Plaintiff B, with respect to the volume of 1,358 square meters (which is within the land transaction permission area prescribed by the National Land Planning and Utilization Act; hereinafter “instant land”) prior to the Gangnam-gu Seoul Metropolitan Government as the agent of Plaintiff B (hereinafter “instant sales contract”).

A seller: Plaintiff B and buyer: Payment method of purchase price of KRW 1,068,000: Contract deposit of KRW 30,000,000: The intermediate payment of KRW 70,000 shall be paid at the time of conclusion of the contract, and the intermediate payment of KRW 70,000 shall be paid immediately after obtaining permission from the competent authority for a land transaction contract, and any balance of KRW 968,00,000 shall be paid on October 12, 2009.

(1) The special agreement shall be traded in the current facilities (including plastic houses).

④ The provisional disposition, provisional seizure, or collateral security registration recorded on the registry of the real estate of this case shall be terminated prior to the payment date of the remainder.

(5) Any balance shortage (400,000,000 won) shall be responsible for loan brokerage at the agricultural cooperative's place of business and shall be responsible for such loan brokerage.

B. On September 7, 2009, the instant sales contract (the copy is A’s No. 5) was prepared in the “J Licensed Real Estate Agent Office” (the seat of Gangnam-gu K and 13; hereinafter “instant Licensed Real Estate Agent Office”) operated by Defendant C, a licensed real estate agent, and Defendant D entered the details of the instant sales contract in the form of the real estate sales contract, and was written in a manner that the seller and the buyer affix their signatures and seals thereon.

C. Defendant D is not qualified as a licensed real estate agent, and is not a broker assistant or employee of the instant licensed real estate agent office.

On the other hand, the plaintiff A received 70,000,000 won from E on September 30, 2009 as the representative of the plaintiff B, among which 40,000,000 won was directly deposited in his account, and the remaining 30,000,000 won was not more than 30,000 won.

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