2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a person who operated the “E Licensed Real Estate Agent Office” under subparagraph 102 of Article 102 of the Commercial Building in Ansan-gu, Ansan-si (hereinafter “instant apartment”) with C.

The Defendant was the owner of the instant apartment No. 106, 2004 (hereinafter “instant real estate”).

B. On April 1, 2016, the Defendant sold the instant real estate in the purchase price of KRW 450 million between F and F, but concluded a sales contract with the effect that KRW 450 million in the contract term, intermediate payment of KRW 70 million, and the remainder KRW 335 million in the payment of KRW 35 million, respectively, on April 15, 2016 (hereinafter “instant sales contract”).

The Defendant received KRW 15 million from F as down payment and intermediate payment on April 1, 2016.

C. On April 1, 2016, the Plaintiff signed and sealed the instant sales contract and the explanatory note on confirmation of the object of brokerage attached thereto as a broker.

Article 8 of the sales contract of this case provides that "a brokerage fee shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage fee shall be paid even if this contract is invalidated, cancelled, or terminated without any intention or negligence of the practicing licensed real estate agent."

The confirmation description of the object of brokerage is written with the brokerage remuneration of 1980,000 won (=450,000 won (transaction price) x 0.04 (Rate) x 1.1 (including value added tax)). The defendant also signed it.

On April 2, 2016, the Defendant received a telephone from C, that “F will cancel the repair cost if it is not a buyer F would cut off fungbine wall, or if it refuses to do so, it would reduce the said repair cost from the trading price, and if it is not possible, it would cancel the repair cost.” The Defendant said “C will cancel the contract.”

On April 4, 2016, the Defendant returned all of KRW 115 million to F.

E. The Defendant’s cancellation of the instant sales contract from April 7, 2016 to October 2016, with the intention of C from April 7, 2016 to the licensed real estate agent’s office.