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(영문) 수원지방법원 2017.08.30 2017가단5095
중개수수료
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants each amounting to KRW 11,550,000 to the Plaintiff, as well as February 2, 2017.

Reasons

1. Basic facts

A. On August 10, 2016, the Defendants entered into a sales contract with E Co., Ltd. (hereinafter “Non-Party Company”) with respect to subparagraph 6 of the first floor of the 1st floor of the Mapo-si Building (hereinafter “instant building”) owned by the Non-Party Company (hereinafter “non-Party Company”) with KRW 787,00,000, and ② KRW 661,000,000, respectively, for the first floor of the instant building as to subparagraphs 7 and 8 of the 1st floor, and KRW 695,50,000, for each of the instant buildings (hereinafter “each of the instant sales contracts”).

B. The Plaintiff is a practicing licensed real estate agent operating the G Licensed Real Estate Agent Office located in Mapo-si. At the time of each of the instant sales contracts, the Plaintiff prepared the terms and conditions of each sales contract between the Defendants and the Nonparty Company, and signed and sealed the “ practicing licensed real estate agent” column.

C. Article 7 of the sales contract of this case provides that “A practicing licensed real estate agent shall not be liable for a seller’s or buyer’s nonperformance of this contract. In addition, brokerage fees shall be paid by both parties to this contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence of a licensed real estate agent.”

The confirmation and explanatory note of each object of brokerage of this case provides that brokerage remuneration shall be KRW 7,083,00 (excluding value-added tax) (787,00,000 x 0.9%) which is 0.9% of each purchase price, and KRW 7,791,300 including value-added tax, ② each of 5,949,000 (661,00,000 x 0.9%) including value-added tax, ② KRW 6,543,90 including value-added tax, ③ each of 6,259,50 won (6,50,500 x 0.9%) including value-added tax, and KRW 6,885,450 including value-added tax, and the names, seals, seals, and seals of the Defendants in the buyer column under each of the above entries are affixed to the real estate agent column.

E. After the conclusion of each of the instant sales contracts between the Defendants and the Nonparty Company, the Plaintiff reported such transactions pursuant to Article 3(2) of the Act on Report of Real Estate Transactions. The Defendants on January 25, 2017.

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