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(영문) 서울동부지방법원 2018.08.17 2017나30646
중개수수료 청구의 소
Text

1. The plaintiff's appeal and the defendant B's appeal are all dismissed.

2. The costs of appeal arising between the Plaintiff and the Defendant B.

Reasons

1. Basic facts

A. On September 24, 2016, the Plaintiff, a licensed real estate agent, was entrusted by Defendant C with the sale brokerage of the Songpa-gu Seoul apartment and 105 Dong 2803 (hereinafter “instant apartment”). On September 24, 2016, the Plaintiff, a licensed real estate agent, was entrusted with the purchase brokerage of the instant apartment by Defendant B’s husband E who leased and resided in the instant apartment, and agreed with Defendant C and the purchase price was KRW 1,040,000 without disclosing the purchaser at his request.

B. Accordingly, E requested the Plaintiff to transfer the amount of KRW 6,00,000 to the Plaintiff’s money first, and the Plaintiff, around September 24, 2016, transferred KRW 6,000,000 as a provisional contract deposit without disclosing the purchaser to Defendant C.

C. However, around September 24, 2016, Defendant B notified the Plaintiff that all of the instant apartment purchase and brokerage requests were withdrawn.

After that, on October 6, 2016, Defendant B entered into a sales contract with Defendant C to purchase the instant apartment in KRW 1,040,000 with a brokerage of Licensed Real Estate Agent F. On December 6, 2016, Defendant B completed the registration of ownership transfer on the said apartment on December 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 2, 3 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Claim against the defendant B

A. The gist of the Plaintiff’s assertion was that the Plaintiff requested the purchase brokerage of the apartment of this case from Defendant B, and agreed with Defendant C, the owner of the apartment of this case, and concluded a sales contract with Defendant C, excluding the Plaintiff, and excluding the Plaintiff in order to not pay brokerage fees, and thus, Defendant B is obligated to pay the Plaintiff KRW 9,320,000 as brokerage fees.

B. According to Articles 2, 22, 25, 26, and 32 of the Licensed Real Estate Agents Act, a practicing licensed real estate agent shall enter into a brokerage contract with the client, explain the relationship of rights, etc. of the object of brokerage, and prepare a contract document.

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