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(영문) 서울북부지방법원 2017.04.27 2016가단20418
중개료지급
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person running real estate brokerage business under the trade name called the “E Licensed Real Estate Agent Office” in Seoul Jung-gu, Seoul. The Defendants are married couple, who owns the F site and the 7th floor building on the ground (hereinafter “instant real estate”).

B. Defendant B, with the consent of Defendant C, the husband, requested the Plaintiff to mediate the instant real estate on October 2015. At the time, the terms and conditions of the transaction offered by Defendant B were KRW 7.8 billion for the sale, and KRW 500 million for the lease, KRW 50 million for the lease, KRW 35 million for the lease, and KRW 35 million for the monthly lease.

C. On January 20, 2016, the Defendants concluded a lease agreement with G and H (hereinafter “G, etc.”) to lease the instant real estate from the Defendants by setting the lease deposit amount of KRW 300 million, the lease term of KRW 10 million from March 31, 2016, and KRW 26 million from March 31, 2016, and the monthly rent of KRW 26 million. On the other hand, the Defendants entered into a special agreement with the Defendants, such as that “a lessee is responsible for and leaves the first floor and the underground floor lessee before the date of intermediate payment, and the lessor shall cooperate with the establishment of provisional registration based on the remainder payment, and the lessor shall cooperate with all necessary days for authorization and permission for extension and alteration of the use of medical facilities.”

On April 4, 2016, the Defendants promised to sell the instant real estate to G, etc. with a view to KRW 7.3 billion, and the deposit amount shall be replaced with KRW 300 million, and the period for exercising the right to full completion of the deposit shall be five years, but if the right to full completion of the deposit is exercised within four years after three years, the Defendants made a trade promise to increase the deposit amount by KRW 100 million and KRW 200 million if the deposit is exercised within five years after four years (hereinafter referred to as the “instant contract”).

E. Meanwhile, G, etc. is operating “I Hospital” in the instant real estate.

[Reasons for Recognition] There is no dispute;

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