중개수수료
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. The reasoning for the court’s explanation on this part of the facts is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. At the same time, the Plaintiff’s claim for transfer and acquisition contract of this case was concluded, and the Defendant’s obligation to pay service fees of this case occurred pursuant to the service fee payment agreement of this case. Since the transfer and acquisition contract of this case became null and void due to the Defendant’s circumstances without the Plaintiff’s intention or negligence, the Defendant is obliged to pay to the Plaintiff KRW 17 million, which is 10% of the transfer price
B. Defendant’s assertion 1) The instant transfer/acquisition agreement was stipulated as effective as a lease agreement between a lessor and a D, and the said contract itself becomes null and void due to the lack of a lease agreement with a lessor. In other words, the instant transfer/acquisition agreement also becomes null and void due to the lack of a lease agreement with a lessor or the Defendant’s circumstances, and thus, the Defendant is not obliged to pay fees pursuant to the service fee payment agreement. 2) The instant transfer/acquisition agreement is deemed a terms and conditions. If the Defendant bears the duty to pay fees to the Plaintiff even if the instant transfer/acquisition agreement becomes null and void due to the lack of a lease agreement with a lessor, the instant transfer/acquisition agreement is deemed as a terms and conditions. If the Defendant bears the duty to pay fees to the Plaintiff even if the instant transfer/acquisition agreement becomes null and void due to the lack of a lease agreement with a lessor, the standard terms and conditions are stipulated in the proviso that “no service fee shall be paid in the event the transfer/acquisition agreement is rescinded.”