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(영문) 서울북부지방법원 2019.09.05 2018나36036
중개수수료
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendant (appointed party) B and the appointed party C are all filed.

Reasons

1. Basic facts

A. A. On October 13, 2017, the Plaintiff, a licensed real estate agent, requested the Plaintiff to purchase the instant apartment on the Seongbuk-gu Seoul Metropolitan Government D apartment E (hereinafter “instant apartment”).

On October 15, 2017, the Plaintiff and F mediated the conclusion of a sales contract consisting of KRW 530 million for the purchase price (hereinafter “instant sales contract”) between the Defendants and F (hereinafter “instant sales contract”) (hereinafter “instant brokerage contract”), and the said brokerage commission was set at KRW 2,332,00.

B. At the time of the instant sales contract, G leased the instant apartment by setting the lease term as KRW 450 million from November 13, 2015 to November 13, 2017. However, the Plaintiff concluded the instant sales contract on behalf of the buyer, and the remaining down payment of KRW 35 million was paid KRW 5 million out of the down payment amount of KRW 40 million on behalf of the buyer, and the remainder of the down payment of KRW 35 million was paid on October 19, 2017, and the following special agreements were stipulated:

[Matters of Special Agreement]

2. It is a contract without establishment of the right to collateral security and is the maintenance of the present right;

6. The seller shall consent to and cooperate in the rental plan of the buyer;

(The down payment at the time of the lease contract shall be remitted to the seller's account, which shall be immediately deposited in the sale proceeds, and shall be subtracted from the remainder of the sales proceeds.

2. To comply with the contents of the contract;

(Liability for Specifying is against the seller).

In the first day of the instant sales contract, the instant apartment contract between F and the existing lessee G (hereinafter “instant lease contract”) was concluded on the day of the instant sales contract, but on October 19, 2017, the term of lease was extended to KRW 490 million by January 3, 2020, and the rental deposit was increased to KRW 490 million, and the Plaintiff demanded KRW 2 million to G as a brokerage commission after preparing the lease contract.

The Plaintiff remains unpaid.

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