1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a real estate broker who has an office in Gangnam-gu Seoul Metropolitan Government.

B. On June 9, 2014, Defendant Information and Communications Industry Promotion Agency (hereinafter “Defendant Promotion Agency”) entered into a contract with the Korea Electrical Association (hereinafter “Defendant Association”) for selling the 79,826,090, and building site (hereinafter “instant real estate”) of the five underground floors located in 79-2, Songpa-gu, Songpa-gu, Seoul and the 15th ground-based building site (hereinafter “instant real estate”) in price to KRW 49,826,090.

[Ground of recognition] Facts without dispute, entry of evidence No. 13, purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was delegated by the Defendants to intermediate the sale of the instant real estate, and the Plaintiff took charge of all a series of intermediary acts necessary to conclude the sales contract, including consultation on the reply and terms and conditions of the sales of the instant real estate. Accordingly, the instant sales contract was concluded

Therefore, the Plaintiff seeks payment of KRW 90,000,000 to the Defendants as remuneration under each brokerage contract or Article 61 of the Commercial Act.

B. Determination 1 broker may claim a payment of brokerage commission only when a contract has been concluded between the client and the other party by his/her own act of brokerage, and even if the broker has made an endeavor as a broker, insofar as the contract has not been concluded by his/her act of brokerage, he/she cannot claim a brokerage commission equivalent to the ratio of his/her endeavor

However, even though the contract has been almost at the same stage due to the act of brokerage of the broker, the client and the other party conspired with each other to avoid the brokerage commission and concluded a direct contract without excluding the broker.

Although a broker has served as a important factor in the formation of a contract, the act of brokerage has been suspended for reasons not attributable to the broker, and the broker has participated in the preparation of the final contract.