중개수수료
1. The plaintiff's appeal against the defendants and the conjunctive claim added by this court are all dismissed.
2...
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. In the Plaintiff’s assertion, the Defendants received a request from the Defendants for the brokerage of each real estate sale and provided brokerage services for the formation of the instant real estate sales contract, but the Defendants excluded the Plaintiff and concluded the instant sales contract, and thus, the Defendants are obligated to pay KRW 38,619,90, which is equivalent to 0.9% of each purchase price, to the Plaintiff.
Preliminaryly, Defendant C, in collusion with Defendant B, excluded the Plaintiff who acted as a broker for the sexual intent of the instant secondary real estate sales contract, and entered into the instant sales contract. Accordingly, the Plaintiff did not receive a brokerage commission. Accordingly, the Defendants are obliged to pay the Plaintiff the said brokerage commission amounting to KRW 38,619,90 in compensation for damages caused by the said tort.
B. The exclusive brokerage delegation contract between the Plaintiff and the Defendant B was terminated upon the expiration of the term, and the mediation delegation contract between the Plaintiff and the Defendant C was terminated by the termination of the contract or the termination of the agreement between the parties, and the Plaintiff did not contribute to the conclusion of the instant sales contract through the mediation act.
3. Determination
A. Determination as to the primary claim is 1) The legal relationship between a real estate broker and a client is identical to a delegation relationship under the Civil Act (see Supreme Court Decision 92Da55350, May 11, 1993). Each party may terminate the contract at any time (see Articles 688(1) and 22, 25, 26, and 32 of the Licensed Real Estate Agents Act). According to Articles 688(1) of the Civil Act, a broker shall enter into a brokerage contract with a client and deliver to the broker a document stating the content that the broker confirmed and explained the object of brokerage.