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(영문) 서울남부지방법원 2020.12.24 2019나59422
기타(금전)
Text

The judgment of the first instance is modified as follows.

The defendant is against the plaintiff B, the plaintiff C, the plaintiff (appointed party) D, and the plaintiff F.

Reasons

1. Basic facts

A. The network A is a licensed real estate agent who runs the real estate brokerage business under the trade name of the “G Licensed Real Estate Agent Office” in Guro-gu Seoul Metropolitan Government, and the Defendant is a person who purchased land and buildings by requesting the network A to purchase land and buildings to operate the factory as follows.

B. Under the brokerage of the network A, on September 14, 2018, the Defendant purchased the land and buildings on the land of Guro-gu Seoul Metropolitan Government from H in KRW 1.3 billion, and concluded a sales contract to pay the down payment of KRW 95 billion in the intermediate payment of KRW 200 million on October 31, 2018, and the remainder of KRW 1.5 billion on November 16, 2018 (hereinafter “instant first sales contract”). On the same day, the Defendant purchased the J land from H in Seoul in KRW 50 million, and concluded a sales contract to pay the down payment of KRW 45 million on November 16, 2018 (hereinafter “instant sales contract”).

C. Moreover, in relation to the instant sales contract, the first and second sales contracts stipulate that “the practicing licensed real estate agent is not liable for the default of this contract by the seller or buyer. In addition, the brokerage remuneration is paid by both parties to this contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if the contract is null and void, cancelled or cancelled without the intention or negligence of the practicing licensed real estate agent. In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent whom they

(see Articles 7 and 7 of the sales contract of this case).

The phrase "matters concerning brokerage remuneration, etc." in the description of confirmation description of the object of brokerage attached to the sales contract of this case is indicated as the brokerage remuneration of 11,700,000 won and the details of the calculation (1.3 billion won x 0.90%) and the following columns are signed and sealed by the defendant and the net A.

And this case.

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