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(영문) 의정부지방법원 2021.02.04 2019나217330
중개보수금 청구
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is an authorized broker for the opening of business, and the defendant is a company with the purpose of construction business, etc.

H is a person who served as the representative director of the defendant from around May 2, 2018 to May 1, 2019, while M is a major shareholder of the defendant from May 2, 2019 to around May 2, 2019.

B. The Defendant owns the land of this case (hereinafter referred to as “instant land”) of Bupyeong-gu Incheon Metropolitan City, 507.8 square meters, D large 319 square meters, E large 721.6 square meters (hereinafter referred to as “instant land”).

(c)

With respect to the instant land between the Defendant and F Co., Ltd. (hereinafter “F”), three times the sales contract was concluded as follows.

1) On February 13, 2019, the sales contract for the first sale (hereinafter “the first sale contract in this case”) was concluded by the seller on February 13, 2019 (hereinafter “Defendant G”), the buyer F, and the joint buyer’s O), the purchase price of KRW 14,100,000 (payment in the account of H): 100,000 won of the first down payment (2.30,000,000 won on February 13, 2019; 70,000,000,000 won on February 15, 2019; 20,000,000 won on March 13, 2019; 30,000,000 won on March 13, 2019; 10,000,000 won on March 10, 2019; 30,000 won on the sales or brokerage account (the Plaintiff’s).

In addition, one intermediary fee shall be paid by both parties to the contract at the same time as this contract is concluded, and the intermediary fee shall be paid even if this contract is null and void, cancelled, or cancelled without the intention or negligence of the authorized broker.

In the case of a joint broker, the seller and the buyer shall pay the brokerage remuneration to the certified broker of the opening business he/she requests.

2) On March 8, 2019, the contract for the self-sale contract on March 8, 2019 entered into on March 8, 2019 into an agreement for the self-sale contract on March 8, 2019, stating the terms of the broker (Plaintiff, J) and brokerage remuneration as in the instant

However, in light of the claims of the plaintiff and the defendant, the self-sale contract on March 8, 2019 seems to have been concluded without the involvement of the broker, but this is the case.

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