중개수수료
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
1. Basic facts
A. The Plaintiff is a licensed real estate agent who operates a real estate brokerage office under the trade name of “D” in the Sungsung City C and 2 Dong.
B. Around 2014, the Defendant requested the Plaintiff to mediate for the purchase of a factory or Class II neighborhood living facility. Accordingly, around June 12, 2015, the Plaintiff introduced a factory located in the Silsung City E (hereinafter “instant real estate”) to the Defendant, but did not reach the conclusion of the sales contract by stating that the Defendant would not purchase the instant real estate due to a high purchase price.
However, on June 17, 2015, the Defendant concluded a sales contract of KRW 790,000,000 for the instant real estate as a broker of the F Licensed Real Estate Agent Office (hereinafter “instant sales contract”), and completed the registration of ownership transfer.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including additional number), the purport of the whole pleadings
2. Although the Plaintiff’s assertion played a critical role in the establishment of the instant sales contract, such as introducing the instant real estate to the Defendant and adjusting the price thereof, the Plaintiff was unable to participate in the preparation of the instant sales contract due to any cause not attributable to the Plaintiff, by the Defendant excluding the Plaintiff and concluding the instant sales contract.
Therefore, the defendant shall pay to the plaintiff a brokerage commission corresponding to the act of brokerage concerning the sale of the real estate of this case.
3. Determination
A. Relevant legal principles 1) Real estate brokerage act mediates the sale, exchange, lease and other acts between the parties to a transaction regarding the object of brokerage (Article 2 subparag. 1 of the Licensed Real Estate Agents Act, and Article 2 of the Licensed Real Estate Agents Act, and Article 2 of the Licensed Real Estate Agents Act shall receive the fixed remuneration from the clients concerning the brokerage. The time of payment shall be determined by an agreement between the practicing licensed real estate agent and the client, and if not,