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(영문) 서울서부지방법원 2017.08.17 2016나35783
중개수수료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the authorized brokerage business under the trade name of D Licensed Real Estate Agent Office in Eunpyeong-gu Seoul, and I is an assistant to the above brokerage office.

B. Around October 2014, the Defendant concluded a construction contract for the removal of the housing and the construction permit, construction work, etc. on the land and detached houses owned by the Defendant with respect to the Eunpyeong-gu Seoul Metropolitan Government Land and its ground (hereinafter “G land” and “G housing”) owned by the Defendant, as an owner of the I, and the actual operator of H (hereinafter “H”).

C. On October 24, 2014, the Defendant purchased the Eunpyeong-gu Seoul Metropolitan Government F land and its ground housing (hereinafter “F real estate”) from E as the broker of I in KRW 780,000,000, and moved to F housing for the construction of the above loan.

G Housing was removed on November 2014, but K did not obtain a building permit on its site from the Gu office to the beginning of January 2015, and thereby, it decided to purchase G land in H’s name as a means to compensate the Defendant’s damages.

Accordingly, on January 26, 2015, the Defendant, as the broker of I, sells G land to H 1.5 billion won (the contract amounting to KRW 780 million) (the contract amounting to KRW 7880 million) for the loan of Han Bank as security of this real estate, and sells the contract payment and the balance of KRW 720 million to H. 16, 2015 (the payment on March 16, 2015).

AB concluded the agreement.

E. After the conclusion of the first sale contract for G land, the Defendant demanded K to continue to take over the obligations of one bank under the said sale contract through I, but K did not comply with it, and the remaining payment date was also due.

On April 9, 2015, the defendant moved to the above office upon request from I to D Licensed Real Estate Agent Office in relation to the implementation of the above sales contract, and I and K move to the above office. In that place, I and K move to the buyer of the first sales contract.

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