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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” in Jung-gu Seoul Metropolitan Government.
B. On May 19, 2015, the Defendant entered into a contract with D to sell the land and its ground buildings (hereinafter “instant real estate”) of Dobong-gu Seoul Metropolitan Government E (hereinafter “instant sales contract”) for KRW 44.5 billion (hereinafter “instant sales contract”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 14, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant requested the plaintiff through F to mediate the sale and purchase contract of the real estate of this case, and that the plaintiff introduced D to F and sufficient funds for the purchase price of the real estate of this case, etc., was concluded between the defendant and D, but the defendant did not conclude the sales contract of this case without excluding the plaintiff and pay brokerage fees to the plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1.8 million out of the legal brokerage commission equivalent to KRW 0.9% of the above purchase price, 4.5 million.
B. Determination 1 Real Estate Brokerage Act mediates the transaction, exchange, lease, and other acts concerning the acquisition, loss, and transfer of rights between the parties to the transaction regarding the object of brokerage. In principle, the broker may claim a brokerage commission to the brokerage client only after the completion of the contract, such as the preparation of the contract, etc. on the object of brokerage. However, in special circumstances where the broker had ceased to engage in the act of brokerage for reasons for which he/she was not responsible and was unable to participate in the preparation of the final contract, etc., in light of the purport of Article 686(3) of the Civil Act, Article 61 of the Commercial Act, and the principle of good faith, etc., the broker has already been made