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(영문) 부산지방법원동부지원 2016.01.27 2015가단15834
수수료반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that, on January 6, 2013, the Defendant agreed to sell the building located in the land of 248.9 square meters and the building located in the land of 248.9 square meters in Busan Jung-gu and the land of 2,000,000,000 won to the Plaintiff, and that, on August 6, 2013, the Defendant sold the said real estate to E Co., Ltd. as the Plaintiff’s intermediary, the Defendant is obligated to pay the Plaintiff a fee of 100 million won.

2. The Plaintiff stated at the second date for pleading of this case that it had been about 10 years as to the business of real estate brokerage without qualification as a real estate agent. The Plaintiff’s agreement to mediate real estate sales contract as a real estate brokerage business and to pay brokerage fees concluded with a trading party without registering the establishment of a brokerage office is null and void in violation of the mandatory law (see Supreme Court Decision 2008Da75119, Dec. 23, 2010). Thus, even if the Defendant sold real estate by the Plaintiff’s brokerage, the agreement that the Plaintiff would pay the Defendant and the broker fees while mediating the real estate sales contract without qualification as a real estate agent is null and void, and the Plaintiff’s claim of this case is without merit.

3. The plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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