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(영문) 서울중앙지방법원 2016.08.26 2015가단5291028
약정금
Text

1. The Defendant’s KRW 114,840,00 for the Plaintiff and KRW 6% per annum from June 20, 2015 to November 1, 2015, respectively, shall be 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 “C Licensed Real Estate Agent Office,” and the Defendant was the owner of the Gangnam-gu Seoul Metropolitan Government D-2, 296m2m2 and underground floors above and 12m2 above ground (hereinafter “instant real estate”).

B. On June 19, 2015, the Defendant entered into a sales contract to sell the instant real estate at 11.6 billion won (hereinafter “instant sales contract”) with a school foundation’s mining concession institute (hereinafter “mining concession institute”) and completed the registration of ownership transfer under the name of the mining concession institute on July 20, 2015.

C. As to the instant sales contract, on June 19, 2015, the sales contract for real estate (hereinafter “instant sales contract”) and a description verifying the object of the brokerage (hereinafter “instant confirmation description”) were prepared between the seller, the Defendant, the Plaintiff (C Licensed Real Estate Agent Office), the seller’s agent, and E (F Licensed Real Estate Agent Office), the buyer’s agent, and the buyer’s agent.

With respect to the brokerage remuneration for the conclusion of the instant sales contract, Article 7 of the sales contract of this case provides that “the brokerage remuneration shall be 0.9% of the transaction price at the time of the conclusion of the contract” shall be paid by the contracting party, and the confirmation statement of this case shall include the following:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff, in accordance with the agreement with the Defendant as to the instant real estate brokerage, arranged a sales contract between the Defendant and the purchaser of the instant real estate, and eventually, the Defendant concluded the instant sales contract with the Chowon. Since the remainder payment and the registration of transfer of ownership completed all the sales procedures, the Defendant is obligated to pay the Plaintiff KRW 114,840,000, which is agreed upon.

B. Defendant 1.

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