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(영문) 서울북부지방법원 2015.06.05 2014나7757
공인중개사보수
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. On December 4, 2013, C entered into a sales contract for the sale of the building and its ground (hereinafter “instant sales contract”). The Plaintiff, the representative of the F Licensed Real Estate Agent Office, the Defendant, the representative of the G Licensed Real Estate Agent Office, and I, the representative of the H Licensed Real Estate Agent Office, who was requested by C to sell real estate, jointly arranged the instant sales contract.

B. Of the description of confirmation of the object of brokerage attached to the sales contract of this case (II), the calculation details of KRW 7,650,000,000 shall be as follows.

Brokerage commission: 850,000,000 】 0.9% actual expenses: zero brokerage commission shall be determined by mutual consultation between the client and the broker within the scope of 9/1,00 of the transaction amount, and the value-added tax may be imposed separately.

B. (i) The Plaintiff, the Defendant, and I agreed that each of the 7.5 million won brokerage commission to be paid by the seller (C) and the buyer (D) at the time of the conclusion of the instant sales contract shall be equally divided into KRW 15 million. Accordingly, the Defendant agreed that KRW 2.5 million out of the 7.5 million brokerage commission to be paid by the buyer, and KRW 2.5 million out of the brokerage commission to be paid by the seller, and KRW 7.5 million from the sales commission to the Plaintiff.”

(hereinafter referred to as the “instant agreement”). After Sheshesheshe received the instant agreement, I paid KRW 2.5 million to the Plaintiff according to the instant agreement.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion, the Defendant, and I of the H Licensed Real Estate Agent’s Office jointly acted as a broker of the instant sales contract, and the Defendant’s payment of KRW 7.5 million to the real estate buyer, and KRW 15 million to the real estate seller’s payment of KRW 7.5 million.

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