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(영문) 서울남부지방법원 2019.12.20 2019나710
부동산중개수수료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 4, 2016, the Defendant concluded a sales contract to purchase approximately KRW 1,400 (hereinafter “instant real estate”) of approximately 800,00 square meters of C equity among KRW 4,954 square meters in Ansan-si D Doz. 4,954 square meters (hereinafter “instant real estate”).

(hereinafter “First Sales Contract”). The said sales contract was prepared by C, and the buyer’s name was written in the column.

B. Since August 19, 2016, the Defendant concluded a sales contract to purchase the instant real estate from C for KRW 800 million.

(hereinafter referred to as “the second sales contract”). (c)

The plaintiff is a licensed real estate agent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant, which caused the Plaintiff’s claim, concluded the first sales contract as the Plaintiff’s intermediary, the Defendant is obligated to pay the intermediary remuneration to the Plaintiff.

The first sales contract and the second sales contract are completely different.

B. The Defendant’s assertion was based on the first sales contract, which is a provisional contract, and entered into the second sales contract, which is a principal contract, changing only the buyer into the name of the legal entity.

It was known that the Defendant, through F, did not purchase the instant real estate through the Plaintiff, but made the instant real estate in lots, and it was aware that the name of the Plaintiff was written in the column of the broker in the first sales contract.

3. According to the reasoning of the judgment as to the cause of the claim No. 1 (a sales contract and the unmanned part of the Defendant’s name are presumed to have been established as a whole, the authenticity of the document is presumed to be established as a whole), the fact that the Plaintiff’s name and seal are affixed to the broker column at the bottom of the first sales contract between C and

However, the following facts and circumstances, which are acknowledged as comprehensive consideration of Gap evidence Nos. 1 and 4 and the overall purport of arguments, are ① the plaintiff, the defendant, and the defendant's seat at the time of concluding the first sales contract.

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