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(영문) 서울중앙지방법원 2014.09.26 2013가합527466
중개수수료
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On May 26, 2010, the Defendant Cheongju Co., Ltd. (hereinafter “Defendant Cheongju”) entered into a contract with the Defendant Masan Institute on sale of 24-7 forest land and KRW 2,972 square meters to the Defendant Masan Institute (hereinafter “instant sales contract”) for KRW 11.5 billion (hereinafter “the instant sales contract”). Defendant Masan Institute paid KRW 500 million to Defendant Masan Co., Ltd. at that time, and the Plaintiff, a licensed real estate agent, arranged the instant sales contract as a broker.

B. Of the confirmation description of the object of brokerage attached to the instant sales contract and the said sales contract, the parts related to the instant case are as follows.

The actual amount of the sales contract of this case shall be 1.5 billion won remaining 1.5 billion won in total of the sales price (such as the sale price and the time and method of payment) under Article 2 of the sales contract of this case. (1) The sales price and the time of payment for the relevant real estate shall

(2) When a buyer concludes a contract with a seller for reference for permission, change of form and quality (including permission for development acts) of the relevant real estate, he/she shall obtain a CD from the seller, and the buyer shall pay to the seller 20 million won as the price for acquisition in addition to the purchase price of the relevant land at the time this

(3) Acts such as change of form and quality (including permission for development acts) and resolution of civil petitions on the real estate concerned shall be promoted at the expense of a purchaser and the expenses incurred therein shall not be claimed to a seller under any pretext, such as cancellation of a contract

(4) The purchaser shall pay any balance after completion of authorization or permission (including permission for development activities) on or before August 31, 2010.

However, within 15 days from the date of the contract, the buyer shall receive the application documents related to the authorization and permission to the relevant office, and this paragraph shall apply to the delay of the authorization and permission of the relevant office in receipt of such application.

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