(영문) 대구지방법원 2016.05.25 2015나18662

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(영문) 대구지방법원 2016.05.25 2015나18662

용역비

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a real estate licensed real estate agent who operates the F Licensed Real Estate Agent Office in Daegu-gu E.

B. The Defendants: (a) as co-owners of the Daegu Seo-gu Gdae-gu 611m2m2 and its ground hospital building (hereinafter “instant real estate”); (b) requested H, a director of the medical device company known to Pyeongtaek, to trade the instant real estate; and (c) H, while making efforts to sell the instant real estate, he/she introduced I and J to the Defendants.

C. On November 29, 2014, the Defendants concluded a sales contract to sell the instant real estate in KRW 3.1 billion at the F Licensed Real Estate Agent Office (hereinafter “instant sales contract”). D.

At the time of the conclusion of the instant sales contract, the Plaintiff prepared the said sales contract, and prepared a confirmation and explanatory note of the object of brokerage including the current status, relationship of rights, regulation of public law, kinds of tax to be borne at the time of acquisition, tax rate, etc., and attached it to the instant sales contract. In addition, the Plaintiff participated as the broker of the instant sales contract, signed and sealed the instant sales contract “ broker” column.

In addition, the Plaintiff performed the business of arranging the loan and applying for the business registration of the purchaser of the instant real estate.

E. Article 7 of the sales contract of this case states that "a broker shall not be liable for the default of this contract by a seller or a buyer. The brokerage commission shall be paid by both parties to this contract at the same time, and the brokerage commission shall be paid even if this contract is invalidated, revoked or cancelled without the intention or negligence of the broker. In the case of a joint broker, the seller and the buyer shall pay the brokerage commission (the brokerage commission shall be a percentage of the transaction price) to the broker whom they have requested the brokerage, and the above open space shall be "0.9".

유사 판례

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