Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The plaintiff is a licensed real estate agent conducting real estate brokerage business under the trade name of "C real estate", and the defendant is the owner of a building located in Northern-gu, Busan Metropolitan City.

B. On November 24, 2018, the Plaintiff provided information on the instant real estate site along with the “F Real Estate Claim,” which was requested by E by the applicant for the lease of part of the first floor of the said building (hereinafter “instant real estate”), and explained the terms and conditions of the lease (the deposit KRW 100 million, monthly rent KRW 4 million).

C. On December 21, 2018, the Defendant entered into a lease agreement with G on the instant real estate with a deposit of KRW 50 million, monthly rent of KRW 4 million (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence 3 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff, upon receiving a request from the Defendant for the brokerage of the instant real estate lease from the Defendant, made a conclusive contribution to the conclusion of the lease agreement, the Defendant intentionally excluded the Plaintiff from entering into the instant lease agreement with G and did not pay a brokerage commission.

Therefore, the Defendant is obligated to pay the Plaintiff a brokerage fee of KRW 4,050,000 (amount of KRW 450,000,000 converted deposit amount of KRW 500,000,000 + (amount of KRW 4 million x 100 x statutory brokerage fee) x 0.9%) to the Plaintiff who has made a decision on the conclusion of the instant lease agreement.

B. The Defendant did not commission the Plaintiff to mediate the lease of the instant real estate.

The instant lease agreement was concluded by the lessee G to directly contact the Defendant by reporting the telephone number for rent advertisement attached to the outside of the instant real estate. As such, the Plaintiff did not contribute to the conclusion of the instant lease agreement, and thus, is not obliged to pay a brokerage commission to the Plaintiff.

3. Determination

A. In principle, real estate intermediaries are involved in the relevant legal doctrine.