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(영문) 수원지방법원 2018.10.25 2018나56916
청구이의의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff was the owner of the land and the building on its ground in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and the Defendant is the practicing licensed real estate agent who operates the real estate brokerage office under the trade name, “I Licensed Real Estate Agent Office” in H.

B. On June 1, 2015, the Plaintiff, while operating a D hotel in the above land and building, sold all of the said tourist hotel business to E and third parties, including the above land and building and installation equipment, at KRW 16,250,000,000.

(hereinafter “instant hotel” and “instant sales contract” C.

Article 8 of the sales contract (hereinafter “the sales contract of this case”) drafted on June 1, 2015, which was the date of the conclusion of the instant sales contract, states, “Unless otherwise agreed, the brokerage commission of a licensed real estate agent shall be paid by both a seller and a buyer, at the same time entering into this contract, and even if this contract is invalidated, cancelled, or cancelled due to a seller or a buyer’s negligence without any intention or negligence, the brokerage commission shall be paid.” The above sales contract of this case states, “The Plaintiff, the buyer, three other parties, and the real estate agent, respectively, signed and sealed their names.”

The confirmation and explanatory note of the object of brokerage made on June 25, 2015 [Ⅱ] (Article 16 subparag. 2 and attached Form 20-2 of the Enforcement Rule of the Licensed Real Estate Agents Act) (Article 16 subparag. 2 and attached Form 20-2 of the Enforcement Rule of the Licensed Real Estate Agents Act) is Ⅰ. The basic confirmation of the

Ⅱ Details of the broker’s confirmation;

Ⅲ The matters concerning brokerage fees, etc. are divided into “the amount of brokerage fees and actual expenses and the amount of the brokerage fees and actual expenses”. Among them, the amount of the brokerage fees and actual expenses and the calculation column is written as “146,250,000 won (16,250,000,000 x 0.9%)” and the said 146,250,000 won plus value added tax is written as KRW 160,875,000. In addition, for the long time, Article 25(3) of the Licensed Real Estate Agents Act and Enforcement Decree of the same Act are written as “the brokerage fees and the calculation details.”

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