A. The Plaintiff is a licensed real estate agent operating real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office” in Nam-gu Busan Metropolitan City.

B. On December 4, 2018, the Defendant concluded a sales contract with Nonparty E, F, and G purchase price of KRW 16,890,000,00 of the purchase price for the land and its ground buildings owned by Nonparty E, E, etc. (hereinafter collectively referred to as “instant real estate”). The Plaintiff is a licensed real estate agent who arranged the instant sales contract under the sales contract.

C. In the instant sales contract, the “licensed Real Estate Agent” exists in two parts, and the “K (Representative L)” (hereinafter “K”) is written in the column for licensed real estate agents other than the real estate agents’ column stated by the Plaintiff.

The representative L of K was present at the place where the instant sales contract was concluded with the Defendant.

[Reasons for Recognition: Each entry in Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the witness M's testimony, the purport of the whole pleadings]

2. Summary of the parties' arguments

A. The plaintiff's assertion that the contract of this case was independently mediated, and the defendant is obligated to pay 157,211,000 won remaining after deducting 10,000 won which was paid from the description of confirmation of the object of brokerage (including value-added tax) as brokerage commission to the plaintiff.

B. First, the plaintiff is only a person entrusted only with the preparation of a sales contract, and the non-party M performs the brokerage business as a broker for the seller.

Second, the defendant did not commission the plaintiff or M to act as a broker, and the defendant's broker is not the plaintiff but K, and the sales contract of this case was made by joint brokerage with the plaintiff and K, so the defendant is not obligated to pay the brokerage commission to the plaintiff.

3. Determination

A. (i) As to the existence of the obligation to pay brokerage fees, M not the Plaintiff is the party to the brokerage contract.