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(영문) 서울북부지방법원 2015.01.21 2014가단102989
약정금 등
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. Facts of recognition;

A. On May 30, 2013, Defendant C entered into a sales contract with D, a licensed real estate agent, with the content that he/she purchases KRW 118 square meters of land in Dobong-gu Seoul Metropolitan Government (hereinafter “instant land”) and KRW 77.62 square meters of land on which he/she purchased KRW 270 million of the purchase price (hereinafter “instant first sales contract”), and agreed to pay KRW 1080,000,000 as a brokerage commission to the Plaintiff.

B. On June 2013, Defendant C entered into a sales agreement with F as Plaintiff’s intermediary to remove the above housing on the instant land and then newly construct a multi-household house and sell it to F.

C. H, which operates the G architect office, designed the above multi-household housing, maintained de facto marital relations with Defendant C, and engaged in the construction business, the Defendant B newly built multi-household housing on the instant land, and completed multi-household housing on the fifth floor level around early December 2013 (hereinafter “multi-household housing”).

On December 5, 2013, Defendant C entered into a sales contract with the instant land and multi-household housing in which the purchase price is KRW 700 million (hereinafter “instant secondary sales contract”) with the Plaintiff as a broker, and agreed to pay KRW 6.3 million with the Plaintiff as a commission.

E. On the other hand, around December 10, 2013, the Defendants concluded a sales contract with the Plaintiff to purchase I and the Dobong-gu Seoul Metropolitan Government J site and housing amounting to KRW 438 million (hereinafter “the third sales contract of this case”). Around December 10, 2013, the Defendants agreed to pay KRW 3,942,00 for the Plaintiff and the said brokerage commission.

F. The Defendants paid to the Plaintiff KRW 5 million on December 30, 2013, and KRW 8 million on January 3, 2014.

[Grounds for recognition] The fact that there has been no dispute, each entry of Gap's No. 1 and 6 (including virtual numbers), and the purport of the whole pleading

2. The assertion and judgment

A. Summary of the Plaintiff’s assertion (1)

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