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(영문) 수원지방법원안산지원 2020.11.18 2020가단64197
약정금
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. Facts of recognition;

A. The Plaintiff is a licensed real estate agent operating the D Licensed Real Estate Agent Office. Defendant C (hereinafter “Defendant Company”) was a company that newly built and sold “G” (hereinafter “G”) which is a building of E, F’s three underground floors and eight above ground level around August 2019, E, E, F’s 3, and 8th floor at Silung. G building H, I, J, and K (hereinafter “instant real estate”) is a commercial store located within G.

B. As to the instant real estate owned by the Defendant Company, on November 12, 2019, the sales contract was concluded between Defendant B and the total purchase price of KRW 1,629,450,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer to Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 4, witness L, Eul's testimony, the purport of whole pleadings

2. The Defendant Company concluded an agreement between the Plaintiff and the Plaintiff to pay the sales commission to the Plaintiff in the event that the sales contract was concluded between the Plaintiff and the Plaintiff for the instant real estate as a broker.

The Plaintiff brokered the instant sales contract between the Defendants, and directly concluded the instant sales contract with the Defendants, excluding the Plaintiff.

Therefore, Defendant B is obligated to pay 14,65,050 won to the Plaintiff an amount equivalent to brokerage fees equivalent to 0.9% of the sales price of the instant real estate as an amount equivalent to brokerage fees due to the actual act of brokerage, and the Defendant Company is obligated to pay 48,83,50 won to the Plaintiff according to the above sales commission agreement.

3. Determination

A. In full view of the provisions of the Licensed Real Estate Agents Act, in the case of real estate brokers, only if the parties have formed a contract by mediating the conclusion of the contract and have formed a contract between them, the clients may be claimed for the payment of the brokerage commission.

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