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(영문) 수원지방법원 2018.01.30 2017나70687
중개수수료
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff’s determination as to the cause of the Plaintiff’s assertion was made upon the request of the Defendants andcom for the brokerage of the sales contract on the land D and 5 parcels (hereinafter “instant real estate”), and the Defendants received KRW 19,98,00 (including KRW 1,818,00) from the Defendants, and subsequently, on November 22, 2013, the Defendants arranged to enter into a contract to sell the instant real estate to Samsung Global with the purchase price of KRW 2,02,00,000,000. Accordingly, the Defendants asserted that they are the clients as stipulated in Article 32(1) of the Licensed Real Estate Agents Act, and are jointly and severally liable to pay the Plaintiff the said brokerage fee.

In order to claim remuneration under Article 32 of the Licensed Real Estate Agents Act, a delegation contract with the Plaintiff and the Defendants regarding brokerage should have been established. Thus, it is not sufficient to recognize that the Defendants entered into a delegation contract between the Plaintiff and the Defendants with respect to real estate brokerage with the content as alleged above, on the sole basis of the statement of evidence Nos. 1 through 3, and 5, which prove that they are in the position of joint seller, and there is no other evidence

Therefore, the plaintiff's above assertion is without merit.

2. Thus, the plaintiff's claim against the defendants should be dismissed as there is no ground.

The judgment of the court of first instance is justifiable in its conclusion. Thus, the Plaintiff’s appeal against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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