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(영문) 서울남부지방법원 2018.07.26 2017가단32347
중개보수청구
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. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of the Gangseo-gu Seoul Metropolitan Government Office of Licensed Real Estate Agents.

B. Defendant C and D were the owners of the Gangseo-gu Seoul Metropolitan Government H Land and its ground buildings (hereinafter “each of the instant real estate”), and requested various licensed real estate agents including the Plaintiff in early 2013 to mediate the sale of each of the instant real estate.

C. Around March 2015, Defendant B sought explanation on each of the instant real estate through the Plaintiff, visited the said real estate and examined its current status, and sought to purchase the said real estate at KRW 1.8 billion. However, Defendant C and D requested to reduce part of the purchase price, and the intention to sell the said real estate was withdrawn.

Defendant C and D again requested many licensed real estate agents, including the Plaintiff, to sell each of the instant real estate in KRW 2.3 billion to KRW 2.4 billion.

E. On April 21, 2017, Defendant B entered into a sales contract for each of the instant real estate (hereinafter “instant sales contract”) with Defendant C and D through the J of the I Licensed Real Estate Agent Office and K Licensed Real Estate Agent Office L, and the same year.

7. 31. The registration of ownership transfer for each of the above real estates shall be completed in its name.

F. Defendant C and D paid KRW 14.5 million to the I Licensed Real Estate Agent Office on July 31, 2017, and Defendant B paid KRW 5 million to the K Licensed Real Estate Agent Office on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, 3, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that, after receiving the Defendants’ request for brokerage, the Plaintiff made a number of mediation efforts by guiding and explaining the current status of each real estate of this case to Defendant B, thereby leading to almost the sales contract to the very stage of sexual history.

Nevertheless, the Defendants shall pay brokerage fees to the Plaintiff.

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