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(영문) 서울중앙지방법원 2017.11.08 2016가단5281578
중개수수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Defendants asserted 1) The Seocho-gu Seoul Metropolitan Government E land and buildings (hereinafter “instant real estate”).

A) Around December 2014, as the owner of the instant real estate, the Plaintiff, around March 2015, confirmed the terms and conditions of the sale, etc. of the instant real estate from F, which was in charge of managing the instant real estate. (2) Around May 2015, the Plaintiff explained the purchase price and the terms and conditions of the purchase presented by Defendant A and Mana Co., Ltd. (hereinafter “G”), discussed the problems of Defendant C and Manna lease, and then delivered them to G.

After comparing the purchase conditions with G on June 2015, the Plaintiff consulted with Defendant A and Mana on the purchase conditions, including the purchase price of KRW 22 billion, and entered into a contract on June 26, 2015.

However, on June 22, 2015, G has suspended the progress of the procedure and suggested new purchase conditions, including purchase price of 21.5 billion won around August 2015.

Accordingly, the Plaintiff re-consults with the Defendants on its contents, and met F, the chief of the management department of the Defendants, with G, and completed the agreement on September 2015.

However, on September 2, 2015, G notified the Plaintiff that it would not enter into a contract on the ground that “the Plaintiff falls short of a large vehicle in the mechanical parking lot of the instant real estate and the remodeling cost is high.”

After that, the Plaintiff notified the Defendants of the pertinent real estate trading trend, but around March 2016, the Defendants requested the Plaintiff to consult with G to lower the trading price of KRW 21 billion. At that time, G would have been able to proceed with a party agreement if the trading price of KRW 20 billion was KRW 20 billion. Accordingly, the Plaintiff again led the Defendants’ intent, and the Defendants’ side should have the trading amount of KRW 20.8 billion.

Therefore, the plaintiff is in the middle line of 20 billion won and 20.8 billion won to G.

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