(영문) 대구지방법원 2017.04.06 2016나10498

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(영문) 대구지방법원 2017.04.06 2016나10498

부동산중개수수료

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 2015, according to the Defendant’s request for brokerage, the Plaintiff carried out a lease brokerage business as to the 141.318 square meters of the 1st floor among the 4th floor buildings in Daegu-gu, Daegu-gu (hereinafter “instant real estate”).

B. However, on November 9, 2015, the Defendant concluded a lease agreement with the lessor F and two other parties on the instant real estate through the brokerage of the D Real Estate Brokerage Office (representative E).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the real estate of this case was directed to the defendant several times while acting as a broker in relation to the real estate lease agreement.

Accordingly, while the Plaintiff had set the terms of the lease agreement with the lessor of the instant real estate, the Defendant excluded the Plaintiff and concluded a lease agreement on the instant real estate as a broker of another brokerage office.

Since the plaintiff played a critical role in concluding the above lease agreement, the defendant is obligated to pay the plaintiff KRW 2,00,000,000, which is equivalent to the price that the plaintiff endeavored to mediate the real estate lease agreement of this case.

B. 1) Real estate brokerage act is an intermediary to act as to sale, exchange, lease, and other gain, loss, and transfer of rights between the parties to a transaction. Only after the conclusion of a contract on the object of brokerage is completed, the broker may claim a brokerage commission to the broker. In the event the act of brokerage is terminated without the achievement of the purpose, the broker may not claim a brokerage commission according to the ratio of disposition of the act of brokerage (see, e.g., Supreme Court Decision 90Da18968, Apr. 9, 191). However, even though the contract has been entered into almost in the stage of brokerage of real estate broker, the client and the other party have entered into a direct contract with the broker without excluding the real estate broker, or the real estate broker

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