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(영문) 서울동부지방법원 2017.04.12 2016가단13476
부동산중개보수료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion was requested by B to mediate the conclusion of the lease contract for the Domotour located in Songpa-gu Seoul Metropolitan City, and the defendant has the obligation to pay the plaintiff the lease contract and the premium of KRW 250 million to the above Domoto with B, with the amount of KRW 270 million,000,000,000 for the lease contract and the premium of KRW 2850,000 for the lease contract. The defendant is obligated to pay to the plaintiff a total of KRW 3285,00,000 for each brokerage fee according to the above Domoto (= KRW 250,000 for the lease deposit x KRW 25,000 for the monthly rent of KRW 250,000 x 0.9%) 810,000 (= KRW 270,000 x 33%) and damages for delay.

2. Determination

A. According to the Plaintiff’s statement as to the part claiming brokerage fees under the preferential lease contract brokerage, as to the part claiming brokerage fees under the preferential lease contract brokerage, Eul evidence No. 1, the lease contract was concluded between E and B on March 9, 2016 with respect to the lease deposit deposit amounting to KRW 250 million, monthly rent, KRW 25 million, and the lease term of March 9, 2020. Meanwhile, under Article 32(1) of the Licensed Real Estate Agent Act, a practicing licensed real estate agent receives fixed remuneration from the client, and even according to the Plaintiff’s assertion, the Defendant is not the party to the above lease contract, and even with respect to all evidence submitted by the Plaintiff, there is insufficient evidence to acknowledge that the Defendant was to pay brokerage fees under the above lease contract. Thus, this part of the Plaintiff’s assertion is without merit.

B. As to the part of a claim for brokerage fees arising from the acquisition by transfer or brokerage of a right (facility) and the part of a claim for brokerage fees arising from the acquisition by transfer or brokerage of a transfer contract

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