1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is the trade name of C real estate brokerage office, and the defendant is a licensed real estate agent who runs each real estate brokerage business under the trade name of D Licensed Real Estate Agent Office.

B. Upon receiving a request from Seongbuk-gu Seoul Metropolitan Government F land and ground buildings (hereinafter “instant real estate”), the Defendant presented the price at which the seller wishes to sell to the Plaintiff and sought an adequate buyer.

C. The Plaintiff: (a) requested a licensed real estate agent with the knowledge of the Plaintiff to purchase the instant real estate; and (b) received a buyer H through the G Licensed Real Estate Agent Office.

On February 2, 2016, between E and buyer H and I (each of 1/2 equity shares), sales contract was concluded at the Defendant’s brokerage office in KRW 1,625,00,000.

(hereinafter “instant sales contract”). At the time of the preparation of the sales contract, the Plaintiff, G Licensed Real Estate Agent J and K Licensed Real Estate Agent L were present at the Plaintiff’s Office (licensed Real Estate Agent J) and the K Licensed Real Estate Agent’s Office (Licensed Real Estate Agent L). Of the instant sales contract, the real estate agent column of the instant sales contract includes the Plaintiff as the Defendant, joint practicing licensed real estate agent, and the Plaintiff as the Defendant, joint practicing licensed real estate agent, and the latter buyer column (personal information contained therein).

E. In addition, 14,625,000 won which is calculated by 0.9% of the transaction amount in the column for matters concerning brokerage remuneration, etc. among the specifications for confirmation of object of brokerage prepared at the time of the instant sales contract is indicated as brokerage remuneration.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 16, the purport of the whole pleadings

2. The Plaintiff’s assertion, along with the Defendant, committed the instant sales contract upon commission of the seller to sell the instant real estate from the seller E, and thus, the Defendant is obligated to pay the Plaintiff KRW 7,312,50, half of the brokerage commission that the seller received from the seller.

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