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(영문) 수원지방법원 2016.07.15 2015나8992
중개수수료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a licensed real estate agent.

B. On January 14, 2014, the Defendant concluded a sales contract with Nonparty C on the following terms with respect to D 1,137 square meters (hereinafter “instant real estate”) of Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do (hereinafter “instant real estate”).

(hereinafter “instant sales contract,” and the Plaintiff’s act of arranging the instant sales contract was involved in the conclusion of the instant sales contract. 1. Real estate indicated as the instant real estate

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The purchase price of KRW 300 million shall be paid and received at the time of the contract. The intermediate payment of KRW 100 million shall be paid on February 21, 2014, and the balance of KRW 180 million shall be paid on March 31, 2014.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be March 31, 2014

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

§ 7. (Commission of Brokerage) A real estate broker shall not be liable for the default of this contract by a seller or a buyer.

In addition, the brokerage commission shall be paid by both parties to the contract at the same time as this contract is concluded, and without the intention or negligence of the broker, the brokerage commission shall be paid even if this contract is invalidated, cancelled or cancelled.

Article 8 (Delivery, etc. of Explanatory Note for Confirmation of Object of Brokerage) The broker shall prepare a explanatory note for confirmation of object of brokerage, and deliver it to the parties to transaction along with a copy of the business guarantee certificate (certificate, etc.

C seller’s Defendant broker

C. The defendant of this case to C.

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