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(영문) 창원지방법원 2015.11.10 2015나1035
중개수수료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who operates the “D Real Estate Brokerage Office” in Changwon-si, Changwon-si, Busan Metropolitan Government C.

B. Since around 2012, the Defendant requested the Plaintiff to mediate for sale of land, etc. E (hereinafter “instant real estate”). The Plaintiff introduced F to the Defendant on or around November 201, 2013, and the Plaintiff was promoting a sales contract with G around January 2014, but all of them did not reach the conclusion of the contract.

C. Meanwhile, the Plaintiff suggested H to purchase the instant real estate that was seeking to purchase the real estate around October 2012, but the Plaintiff did not engage in any further brokerage by stating that H would not purchase the instant real estate.

However, around December 12, 2013, the Defendant entered into a sales contract with H on the instant real estate (hereinafter “instant sales contract”) and subsequently completed the registration of ownership transfer with H on the instant real estate.

E. The Plaintiff filed a lawsuit against H for payment of KRW 28,178,280 in relation to the instant sales contract with the Changwon District Court Branch, Masan Branch, 2014Ga4531, and against which H did not have any obligation to pay brokerage commission. However, in the instant case, the voluntary adjustment (hereinafter “voluntary adjustment of brokerage commission”) was concluded on June 17, 2014 with the content that H would pay KRW 4,00,000 to the Plaintiff by September 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Although the Plaintiff’s assertion and H directly concluded the instant sales contract by excluding the Plaintiff, the Defendant and H were to act as a sales intermediary to the Defendant and H by introducing or introducing the instant real estate to the Defendant or H, and the Defendant and H, who requested the Plaintiff, thereby becoming a party to the instant sales contract.

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