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(영문) 서울중앙지방법원 2020.12.23 2019가단5106937
중개보수
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 3,500,000 and the Defendant-Counterclaim Plaintiff B.

Reasons

1. Facts of recognition;

A. On March 26, 2019, the Defendants entered into a sales contract between the Defendants and E following the Plaintiff’s brokerage (hereinafter “E”) with the Plaintiff’s broker, a licensed real estate agent, as the Plaintiff’s broker (hereinafter “E”).

(B) The Plaintiff’s land and the 4th floor building owned by the Defendants, Songpa-gu Seoul Metropolitan Government F land and the 4th floor building (hereinafter referred to as “instant real estate”).

(2) The sales price shall be KRW 6.485 billion, and the down payment shall be paid and received at the time of the contract, the security deposit of KRW 140 million shall be succeeded by the buyer, and the balance of KRW 5.745 billion shall be paid on April 25, 2019 (hereinafter “instant contract”).

(2) At the time of the conclusion of the instant contract, Paragraph (5) of the special terms and conditions of the sales contract prepared by the Plaintiff stated that “the seller shall specify the present lessee without any condition.”

3) The Plaintiff and the Defendants agreed to pay KRW 38,50,000,00 as the brokerage remuneration following the intermediation of the instant contract at the same time. (B) Of the instant real estate, the first floor of the instant real estate was leased and used by G during the period from April 27, 2017 to April 26, 2019, by setting the rental deposit of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2) Of the instant real estate, the third floor was leased and used by H Co., Ltd. for the rental deposit of KRW 20 million on June 12, 2017, KRW 20 million on rent, KRW 2 million on rent, and the term of lease from July 8, 2017 to July 7, 2019. 3) Of the instant real estate, the fourth floor among the instant real estate was leased and used by I Co., Ltd. for the period from June 15, 2017 to June 29, 2019.

C. However, the Defendants failed to receive each of the pertinent leased premises from the above lessees by the payment date of the remainder under the instant contract, and Defendant B and E on April 25, 2019.

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