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(영문) 의정부지방법원 2018.05.01 2016가단126241
중개수수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a real estate agent who is operating real estate brokerage business with the trade name of “D real estate” on the first floor of the instant building and the trade name of “D real estate,” and the Plaintiff is a real estate agent who is operating real estate brokerage business on the first floor of the instant building.

B. From December 2012 to December 2013, the Defendant concluded a lease contract or a renewal contract on the instant building as follows.

① On December 12, 2012, as a broker of other real estate brokerage offices, other than D real estate, the lessee E, security deposit 65 million won, monthly rent 2.5 million won, ② on March 12, 2013, the contract lessee F Co., Ltd. (hereinafter “F”), security deposit 40 million won, monthly rent 13 million won, ③ on August 31, 2013, the part of 13 square meters (including 3.6 square meters in front) among the 1st floor, the Plaintiff’s wife G, the first lessee of the contract, asserted that this contract was concluded as being introduced by the Plaintiff, but the lessee was the Plaintiff, and the lessee’s claim was withdrawn from this part after the certificate No. 6, 100.

On June 3, 2013, the part on the exclusive use area of 118 square meters among the 1st floor of KRW 50 million, monthly rent of KRW 4 million: (a) the Defendant directly entered into a contract (previous lease renewal contract) with the lessee, KRW 350 million, monthly rent of KRW 10 million, ⑤ On November 4, 2013, the Defendant directly entered into a contract (previous lease contract) with the lessee, KRW 10 million, monthly rent of KRW 6.5 million, monthly rent of KRW 6.5 million, on October 8, 2013, the Defendant directly entered into a contract with the lessee (on October 3, 2011, the Plaintiff entered into a lease contract with the lessee up to the lease period of KRW 300,000,000,000). On November 3, 2013, the Plaintiff entered into a lease contract with the lessee up to the lease period of KRW 300,000,000 after the introduction of the lease.

C. The Defendant’s validity period between the Plaintiff and December 10, 2013 for “sale” of each real estate of this case is from December 10, 2013 to December 9, 2014.

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