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(영문) 창원지방법원 2015.07.14 2015나1134
중개수수료
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The judgment of the court of first instance on the scope of the judgment of this court cited part of the plaintiff's primary claims against the defendant B Co., Ltd. (hereinafter "Defendant B"), and dismissed all the plaintiff's remaining primary claims against the defendants and the first preliminary claims against the defendant D.

In the purport of appeal of this case, the plaintiff completely revoked the judgment of the court of first instance, and stated it as seeking the same judgment as the above purport of appeal, and if the court of first instance decides to have filed an appeal against the part against the plaintiff among the judgment of the court of first instance, the scope of appeal of this court is limited to the part against the plaintiff against the defendant B, the part against the defendant C and D, the first preliminary claim, and the second preliminary claim added at the court of first instance.

2. Basic facts

A. The Plaintiff is a licensed real estate agent who operates the “F Licensed Real Estate Agent Office” on the E and 3th floor of Changwon-si, Changwon-si.

B. On April 5, 2007, Defendant B completed the registration of ownership transfer with respect to buildings, such as 1324.8m2 and 4m2 above ground-based factories, Msan-si, Changwon-si (hereinafter “instant real estate”).

C. The Plaintiff was requested by Defendant D to act as a broker of the instant real estate, and the Plaintiff introduced Bvia Co., Ltd. (hereinafter “Buyer”) to the buyer, and around March 19, 2014, at the office of “F Licensed Real Estate Agent Office”, participated in the preparation of a sales contract of the instant real estate.

As such, the Plaintiff’s brokerage, Defendant B sold the instant real estate to the buyer in KRW 2 billion, and the brokerage commission was drafted on March 19, 2014, stating that the sales contract for the instant real estate is KRW 18 million, which is 0.9% of the said sales amount.

(A) The sales contract that the buyer entered into with Defendant B is called “instant sales contract.”

Article 7 of the above sales contract does not assume responsibility for the buyer's or buyer's non-performance of this contract.

In addition, the brokerage commission shall be principal.

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