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(영문) 대구지방법원서부지원 2017.05.11 2016가단8095
부동산중개수수료
Text

1. The Defendant’s KRW 11,903,760 for the Plaintiff and KRW 5% per annum from April 29, 2016 to May 11, 2017.

Reasons

1. Facts of recognition;

A. On December 21, 2015, the Defendant entered into a sales contract with C as a broker of the Plaintiff, a licensed real estate agent, with respect to the building (Class II neighborhood living facilities; hereinafter referred to as “instant one real estate”) with the purchase price of KRW 2.25 million with respect to the building (Class II neighborhood living facilities; hereinafter referred to as “instant one real estate”) in Daegu-gun, Daegu-gun, which is owned by the Defendant, and with respect to the purchase price of KRW 2.5 billion, the Defendant agreed to receive KRW 200 million on the date of the contract, and that the down payment of KRW 20 million shall be paid on the date of the contract and KRW 1.9 billion, out of the remainder of KRW 2 billion on January 29, 2016, to receive KRW 1.50 million with respect to the shortage of KRW 150,000,000 in lieu of the ownership of the relevant real estate (hereinafter referred to as “instant two real estate”).

B. When concluding the instant sales contract, the Defendant agreed to pay the Plaintiff a brokerage fee of KRW 20250,000 (=250,000 x 0.9%).

C. On December 28, 2015, the Defendant entered into a sales contract with C on the instant real estate amounting to KRW 150 million (hereinafter “instant two sales contract”). D.

When concluding the instant two sales contract, the Defendant agreed to pay the Plaintiff the brokerage fee of KRW 1.35 million (=150 million x 0.9%).

E. The Defendant and C completed the payment of the price and the registration of ownership transfer under the sales contract of this case 1 and 2.

[Reasons for Recognition] The entry of Gap evidence Nos. 1, 2, and 3 (including paper numbers), and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay to the plaintiff 20,000 won (=20250,000 won) for the brokerage fee of the sales contract of this case 1 and 2 (=250,000 won).

A licensed real estate agent shall receive brokerage remuneration for any object other than a house from both clients, but the client and the practicing licensed real estate agent shall decide upon the brokerage remuneration within the scope of 9/1,00 of the transaction amount (Article 32 (4) of the Licensed Real Estate Agents Act and Article 20 (4) 2 of the Enforcement Rule of the same Act) through mutual consultation.

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