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(영문) 서울동부지방법원 2018.11.15 2017가단20044
중개수수료
Text

1. The plaintiff's successor's application for intervention shall be dismissed.

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. In full view of the developments leading up to the Plaintiff’s transfer of claims against the Defendant by the Plaintiff, or the progress of the instant lawsuit, etc., the Plaintiff’s assignment of claims against the Plaintiff’s succeeding Intervenor is deemed invalid, since it is deemed that the primary purpose of the Plaintiff’s transfer of claims is to allow the Plaintiff’s succeeding Intervenor to proceed with procedural acts.

2. The plaintiff's claim is asserted to the effect that the defendant requested the plaintiff to rent D Scmarket to the plaintiff, and the plaintiff claimed payment of brokerage commission of 31,500,000,000 won and damages for delay for the lease agreement to be concluded upon such request. Accordingly, the defendant requested the office of licensed real estate agents working as assistant, but the plaintiff requested the brokerage of the above real estate lease to E, which is another licensed real estate agent, because it was impossible to do so, and the contract was concluded by requesting the brokerage of the above real estate, and the brokerage commission was paid to the other licensed real estate agents, and the plaintiff's claim, which is an assistant of the licensed real estate agent, is null and void in violation of the mandatory law.

However, it is insufficient to acknowledge that the Plaintiff had a claim for brokerage commission against the Defendant solely on the basis of the statement in Gap evidence Nos. 1 through 4, which is the evidence submitted by the Plaintiff, etc., and there is no other evidence to acknowledge that the Plaintiff had a claim for brokerage commission against the Defendant. Even if the Plaintiff acted as a broker of the above real estate rental contract, and there was a payment agreement for brokerage commission, the Plaintiff is recognized as a circumstance that the Plaintiff did not meet the qualification of a licensed real estate agent at the time of the above rental contract, and thus, the brokerage commission

Therefore, the plaintiff.

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