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(영문) 제주지방법원 2017.05.29 2016가단56372
부동산중개수수료
Text

1. Defendant B’s KRW 10,000,000 per annum for the Plaintiff and 5% per annum from May 13, 2016 to May 29, 2017.

Reasons

1. Basic facts

A. On March 19, 2016, the Plaintiff, a real estate broker, was requested by Defendant B to arrange for the purchase of real estate, and around April 19, 2016, the Plaintiff, as the real estate broker, introduced, to Defendant B, the co-owner of the D and D and the 4th floor building (hereinafter “instant real estate”). Around April 19, 2016, the Plaintiff purchased and delivered to Defendant B a summary of the purchase and sale of the instant real estate with KRW 5.5 billion ( = the purchase of the building at KRW 5 billion construction cost for remodeling of the land and the building at KRW 5.5 billion and the purchase of the building at KRW 5 billion to the seller, and then formally contracted the defect repair construction work at KRW 500,000,000,000,000,000,000,000 won.

B. However, on April 26, 2016, Defendant B sent text messages to the seller that the other real estate intermediaries received a new building from other real estate intermediaries, and that the seller colored another building.

Accordingly, on May 9, 2016, a sales contract was concluded between a seller and a defendant B who has been represented by the defendant C with the intent of changing the mind of the defendant B by yielding the sales price of KRW 5 billion, and on May 13, 2016, between the seller and the defendant B who has been represented by the defendant C without the plaintiff. The transfer registration of ownership was completed on May 13, 2016.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Eul 1-4 evidence, witness F, testimony of Eul and the purport of the whole pleadings

2. The parties' assertion

A. Although the conclusion of a sales contract between the seller and the defendant C by the plaintiff's brokerage reached the contract, the defendants excluded the plaintiff and entered into a sales contract with the seller. Even if the plaintiff did not participate in the preparation of the sales contract, the plaintiff's act of brokerage.

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