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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs real estate brokerage business under the trade name of C Licensed Real Estate Agent Office.
B. On March 5, 2014, Defendant AelS Korea Co., Ltd. (hereinafter “AelS Korea”) concluded a sales contract with Defendant B on the purchase price of KRW 6,400,000 (hereinafter “instant sales contract”). Defendant AelS Korea concluded a sales contract with Defendant B to purchase KRW 6,400,000 from Defendant B (hereinafter “instant hotel”).
C. In early 2014, the Plaintiff prepared a draft of the sales contract (Evidence A 1) to be used for the instant sales contract upon F’s request, which was a broker for the conclusion of the instant sales contract.
[Grounds: Facts without dispute, Gap evidence 1, Eul evidence 1 and 7]
2. The parties' assertion
A. The Plaintiff’s assertion was requested by F to jointly mediate the conclusion of the instant sales contract with F on February 17, 2014.
The Plaintiff, through F, prepared a draft of the sales contract by reflecting the intent of the Defendants, and revised it more than 10 times.
In particular, the Plaintiff provided the Defendants with the consent of Defendant B not to report and pay the value-added tax in the form of a comprehensive transfer and takeover contract of the instant sales contract.
On March 5, 2014, the Plaintiff: (a) at the C Licensed Real Estate Agent Office operated by the Plaintiff, issued to the Defendants each of the Defendants the confirmation and explanatory note of the object of brokerage indicated in the 57,600,000 won (6,400,000 won x 0.09), each of which the Defendants is liable to pay to the Plaintiff, and (b) the Defendants entered into the instant sales contract by affixing the seal on the draft of the sales contract finally amended by the Plaintiff on the same day; (c) accordingly, the Plaintiff and the Defendants concluded a brokerage contract with the effect that each of the Defendants should pay to the Plaintiff a brokerage commission of KRW 57,60,000,000.
Therefore, the Defendants are the Plaintiff.