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(영문) 서울북부지방법원 2020.05.12 2019나35283
중개수수료
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 3,410,00 and shall pay to the plaintiff the full amount from March 27, 2019.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 6, 8 through 11, 15, 18, Eul evidence Nos. 1, 2, 6, 7, and 10:

On April 28, 2018, the Plaintiff, a licensed real estate agent, running a C-real estate real estate agent office, concluded a sales contract with the Defendant, a seller, as the buyer’s agent, (hereinafter “instant sales contract”). On the part of the Defendant’s request for sale, the Plaintiff, a real estate agent, as the real estate agent, has brokered the transaction of selling E- Apartment F (hereinafter “instant apartment”) to G for KRW 620,00,00 for two parcels outside Seongbuk-gu Seoul (hereinafter “instant apartment”).

However, the plaintiff did not have the power of representation or the certificate of personal seal impression of the purchaser at that time.

The main contents of the instant sales contract are as follows.

Article 7. The practicing licensed real estate agent is not liable for the seller's or buyer's default of this Agreement.

In addition, brokerage fees shall be paid individually by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or cancelled without the intention or negligence of the practicing licensed real estate agent.

(hereinafter) [Matters under special agreement]

4. 10,000,000 won, out of the down payment, shall be deposited in a new bank (Account Number omitted, the Account Holder Defendant) on the date of the contract. The remaining down payment shall be paid by 52,00,000 won until May 30, 2018.

5. Buyer's consent to a lease contract and cooperation.

(The contract deposit at the time of lease shall be deposited into the account of the new bank seller, which shall be immediately converted into part of the sale balance and deducted at the time of the balance). 8. The buyer shall be changed at the time of request of the buyer for the change of buyer.

11. The contract is entered into on behalf of the buyer with the mandate delegated by C Real Estate.

(B) The delegation letter and the certificate of seal imprint will be made until the remainder.

The plaintiff shall pay to the plaintiff between the defendant and the defendant on the same day.

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