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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order exceeds the following amount.
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business, consulting business, etc. under the trade name of “D Licensed Real Estate Agent Office”.
Article 2 (Contents of Services) The Plaintiff concludes a contract for transfer and takeover of the right to purchase the Defendant’s pharmacy stores and a real estate sales contract with respect to the instant real estate.
① Real estate sales contract (sale amount of KRW 90 million), and (2) All the transfer of the right to a pharmacy store by entering into an existing rental agreement, etc. (i) the Defendants shall pay to the Plaintiff KRW 16 million as service fees for Article 2. The Defendants shall pay to the Plaintiff KRW 8 million as of the date of this service agreement and real estate sales contract and KRW 8 million as of the remainder of the real estate sales contract to the Plaintiff’s bank account on the remainder of the real estate sales contract.
(2) Where a real estate sales contract or a contract for the transfer of rights is revoked by intention or negligence of the Plaintiff, the Plaintiff shall immediately refund all service fees paid without penalty to the Defendants.
Provided, That service fees received shall not be refunded in the case of personal circumstances of the defendants.
B. On January 23, 2018, the Defendants entered into a service contract with the Plaintiff for the purchase of the “G Contracting State” store of the “G Contracting State” (hereinafter “instant real estate”) of the “G Contracting State” (hereinafter “instant service contract”).
The main contents of the instant service contract are as follows.
C. In the Plaintiff’s brokerage, the Defendants purchased the instant real estate in the purchase price of KRW 900 million between H, which is the owner of the instant real estate on the same day. The Defendants shall purchase the instant real estate in the purchase price of KRW 900 million on the date of the contract, the intermediate payment of KRW 110 million on February 9, 2018, and the remainder of KRW 700 million on April 30, 2018 (hereinafter “instant sales contract”), and the lease deposit the Plaintiff entered into with I who operates the G pharmacy with respect to the instant real estate by H, KRW 10 million, KRW 600,000 per month, and the contract term on January 2, 2018.