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(영문) 서울중앙지방법원 2018.11.12 2018가단5018101
중개수수료
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who operates the “D Brokerage Office” in Jongno-gu Seoul Metropolitan Government and 201.

B. Around June 2017, the Defendant requested F, an employee of Jongno-gu Seoul Jongno-gu Seoul and the second floor E (hereinafter “E”) to sell and sell land and its ground buildings owned by the Defendant (hereinafter “instant real estate”).

C. On June 29, 2017, the Defendant concluded a sales contract with the J Co., Ltd. (hereinafter “J”) to sell the instant real estate for a total of four billion won (hereinafter “instant sales contract”) by the broker of the real estate agent I in the H Licensed Real Estate Agent Office.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-3, evidence 1-1, 2, 3, Eul evidence 1-1, 2, and 2-1, 2, and 2, witness F, and K's testimony, the purport of the whole pleadings

2. The parties' assertion

A. On November 2016, the Plaintiff, while using the same office as E, agreed to jointly act as real estate goods and jointly establish an office of licensed real estate agents under the Plaintiff’s name. The Plaintiff and E agreed to jointly act as a broker to allocate 1/2 of the commission for brokerage of real estate goods whose contract was concluded.

Around June 2017, F was requested by the Defendant to mediate the sale and purchase of the instant real estate. Accordingly, the Plaintiff took charge of the prior investigation for the on-site return of the said real estate. On June 13, 2017, the Plaintiff attended the on-site return company of the said real estate and participated in the establishment of the sales and purchase contract of the said real estate. The Defendant was unable to participate in the preparation of the sales and purchase contract because the act of brokerage was suspended on the wind excluding the Plaintiff’s side for the purpose of avoiding the payment of brokerage fees.

On the other hand, on August 13, 2018, the Plaintiff acquired “E’s 36 million won brokerage commission claim” from E, a private individual of the instant real estate, from the Defendant, on behalf of the transferor E.

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