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(영문) 서울중앙지방법원 2017.11.09 2017나16524
중개수수료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff, as a licensed real estate agent, operates a real estate brokerage office under the trade name of “C Licensed Real Estate Agent Office”. From the end of April 2014, the Defendant’s husband, the Defendant’s husband, requested the sale brokerage of the Seocho-gu Seoul E Apartment 16 Dong 501 (hereinafter “instant apartment”).

B. On September 3, 2014, upon the Plaintiff’s brokerage, F purchased the purchase price for the instant apartment as KRW 1.1 billion between the Defendant and F. However, at the time of the contract, KRW 20,000,000 for intermediate payment of KRW 10,000 for intermediate payment of KRW 10,000 on October 4, 2014, the sales contract was prepared to pay KRW 1,070,00 for the remainder payment of KRW 1,000 on October 29, 2014 (hereinafter “instant sales contract”). Article 7 of the instant sales contract provides that “Good remuneration shall be paid by both parties at the time of the conclusion of this contract, and brokerage remuneration shall be paid by the parties concerned at the time of the conclusion of this contract, and even if the contract is invalidated or cancelled due to the transactional circumstances without the intention or negligence of the practicing licensed real estate agent, the brokerage remuneration shall be paid (0.9% of the transaction price).”

C. Some of the terms of the instant sales contract are as follows.

At the time of a contract, the daily installment of the contract shall be paid and the remaining amount of the contract shall be transferred to the seller's account on September 4, 2014.

When a contract is concluded, D's agent is a contract.

The term "right to lease on a deposit basis" is 400 million won, provisional attachment 131,281,250 won, and the term "right to lease on a deposit basis" is 400 million won, and the seller cancels all the things established on the register at the same time as the remainder.

Seller Account Number: Corporate Bank GB

D. F wired the down payment of KRW 20,000,000 per contract date, and the intermediate payment of KRW 10,000,000 to the Defendant’s bank account on September 4, 2014, to the Defendant’s bank account. On September 24, 2014, the Plaintiff was issued a certificate of completion of the contract for real estate transactions by filing a report on real estate transactions with the Seocho-gu Office.

E. The defendant's apartment on October 13, 2014, stating that "D entered into the instant sales contract without the defendant's permission, so it shall be notified that it is invalid."

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