부당이득금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the defendant's defense, etc. as stated in the following 2. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Supplementary judgment on the defendant's defenses, etc.
A. As to the assertion that the act of brokerage is not an act of brokerage, the defendant was delegated by the plaintiff to resolve the issue of land transaction permission in connection with the sale and purchase of the instant real estate and accordingly requested the F real estate broker affiliated with an individual, and accordingly, the defendant's act constitutes the so-called "real estate consulting," not the "act of brokerage," but the so-called "real estate consulting," and the money received by the defendant is merely the consideration for such delegated affairs, not the consideration for the instant sales
Article 2 subparag. 1 of the Licensed Real Estate Agent Act provides that "a broker means mediation of sale, exchange, lease, and other acquisition, loss and transfer of rights between parties to a transaction regarding the object of brokerage as provided in Article 3."
Whether an act constitutes an act of brokerage is not determined by the actor’s subjective intent, but by whether the act is objectively deemed to be an act to arrange and mediate the transaction in terms of social norms. Moreover, the so-called real estate consulting services, such as real estate consulting, should be provided in addition to the above act of brokerage, cannot be deemed as not an act of real estate brokerage subject to the regulation of the Licensed
(see, e.g., Supreme Court Decision 2009Da4572, Nov. 10, 201). Moreover, not only where a broker has received a request for brokerage from both parties of a transaction, but also where a broker sells, exchanges, leases, or leases an object of brokerage at the request of either party of a transaction.