Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaging in a specialized urban improvement business, etc., and the Defendant is a real estate agent business under the trade name of C Licensed Real Estate Agents.
B. On March 2009, the Plaintiff entered into a service agreement with the E-building and consolidation project promotion committee (hereinafter “instant promotion committee”) which promoted the reconstruction of the E-building and rearrangement project in Suwon-si, Suwon-si, Suwon-si (hereinafter “Seoul-si”), with the content that the instant promotion committee purchases approximately KRW 4.6 billion in cash 17 billion in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant additional purchase land”), and implements the reconstruction project on the ground in addition to the said multi-unit housing site, the Plaintiff would perform management services related to the reconstruction project, such as the consent of the establishment of the association and the application for authorization to establish the association.
C. Since then, in the course of performing the above management services, the Plaintiff agreed to pay brokerage fees for the instant additional purchase land on behalf of the instant promotion committee, and on April 13, 2009, between the Defendant, a real estate broker, the Defendant and the real estate broker, the following service contract (hereinafter “instant service contract”) with the purport that the Plaintiff shall mediate the purchase of the said additional purchase land and pay KRW 100 million to the Plaintiff at the brokerage commission for the purchase of the said additional purchase land (hereinafter “instant service contract”). In particular, Article 4 subparag. 2 of the service contract of this case (hereinafter “instant provision”), Article 2 of the service contract subject to the service and the content of the service are requested to B
1. Services subject to the payment: The service amount and the total amount of the service amount and the payment method under Article 3 of the 17 Parcels (attached Form): daily (100,000,000): The payment method of down payment (10,000 won) shall be made within one month after the contract is concluded, and the balance shall be paid immediately after the purchase of land is completed; and
Article IVPerformance Agreements
2. No person may demand the return of the down payment in any case after the payment.
D.
3.