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(영문) 대구지방법원 2015.11.24 2015가단106940
중개수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a licensed real estate agent conducting real estate brokerage business under the trade name of “C Licensed Real Estate Agent”.

Defendant B (hereinafter “Defendant Company”) was the owner of the land and 6th floor buildings, E’s site and 1st floor buildings (hereinafter collectively referred to as “instant real estate”).

From December 2014, the Plaintiff was asked for mediation as to the purchase of the instant real estate from G (the husband of FF representative director of H) who was the actual manager of F Co., Ltd., one of the lessees of the instant real estate at around that time.

On January 8, 2015, the Plaintiff called the Defendant Company to make telephone conversations with I, an executive director of the Defendant Company.

I confirmed to the effect that I would like to sell the instant real estate to ask I whether the Plaintiff offered the instant real estate as a substitute.

However, at the time, the defendant company had already been under negotiation with J(K) as one of the lessees of the instant real estate.

On January 13, 2015, the plaintiff visited the defendant company located in Seoul along with G and met I and the representative director of the defendant company.

In that place, consultation was made on the sales price of the instant real estate.

Around January 27, 2015, the Plaintiff, along with G, visited the Defendant Company with the purchase price to cut off the sales price, and prepared a “real estate sales contract (Evidence A; hereinafter referred to as “the primary contract”)” after having the purchase price of KRW 9,450,000 in that place. The Plaintiff signed and sealed the Plaintiff’s name in the broker column of the real estate sales contract. The details of the first special contract are as follows: “The principal contract and the certificate of the intermediary goods will be re-preparation the down payment in full.”

“The Defendant Company and G, on February 4, 2015, after receiving down payment of KRW 800 million from G, indicated as “.” In accordance with the foregoing special agreement, the Defendant Company and G enter into the principal contract (Evidence 2, hereinafter referred to as “second contract”).

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