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(영문) 서울중앙지방법원 2019.07.12 2018가단22389
부동산중개보수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Under the trade name of “D”, the Plaintiff is a licensed real estate agent who runs each real estate brokerage business under the trade name of “F”.

G requested the Plaintiff to mediate in order to sell the Jongno-gu Seoul, Jongno-gu, 129.3 square meters and the five-story buildings on its ground (hereinafter “instant real estate”), which were owned by G, and the Defendants requested E to mediate in order to purchase the said real estate.

On February 9, 2018, the Defendants concluded a contract with G to purchase the instant real estate amounting to KRW 4.85 billion (hereinafter “instant sales contract”) from G through the brokerage of the Plaintiff and E (hereinafter “instant sales contract”).

In the column of “the amount of brokerage remuneration and actual expenses” of a description verifying the object of brokerage attached to the sales contract (Evidence A 3) of this case, the brokerage remuneration of 43,650,000 won, and the calculation details of 4,850,000 won x 0.9% x 0.9%. At the bottom, the name and seal of the Defendants is placed in the seller’s column and the buyer’s column, and the Plaintiff and E’s signature and seal are placed in the licensed real estate agent column.

The Defendants paid the remainder to G on February 27, 2018 in full pursuant to the instant sales contract, and Defendant B paid the remainder to G on February 27, 2018 with respect to the share of 4/10, and Defendant C completed the registration of ownership transfer with respect to shares of 6/10.

[Ground of recognition] Facts without dispute, entry of Gap 2, 3, 6, 8, 9, and the purport of the whole pleadings

2. Before the Plaintiff’s assertion was concluded, the Defendants agreed on the sales price of KRW 4.9 billion with the Defendants through the intermediation of the Plaintiff and E, but at the time of the conclusion of the contract, the Defendants demanded to reduce the sales price of KRW 4.85 billion.

Accordingly, the seller G first refuses to pay to the Plaintiff the full amount of KRW 50,000,000,000, which was not paid to the Plaintiff, proposed that the seller agrees to KRW 4.85,000,000,000.

Accordingly, the plaintiff, E, and the defendants are as follows:

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