1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

1. Basic facts

A. On September 9, 2016, the Defendant concluded a sales contract with C, a licensed real estate agent, with the content that the E apartment (i.e., 105 Dong 404 (hereinafter “instant apartment”) located outside 7 lots of land owned by the Defendant is sold at KRW 2.2 million, and the down payment is KRW 20 million (payment on the date of the contract) and the remainder is KRW 182 million (payment on November 28, 2016) (hereinafter “instant sales contract”).

B. Article 7 of the sales contract of this case states that “a brokerage commission shall be paid by both parties to the contract at the time of the conclusion of this contract, and a brokerage commission shall be paid even if this contract is invalidated, cancelled, or cancelled without any intention or negligence of the broker.”

C. The confirmation and explanatory note of the instant sales contract is that the Defendant shall pay 808,000 won to the Plaintiff with respect to the said brokerage commission, and the Defendant’s seal is affixed.

The Defendant rescinded the instant sales contract between C and C on the ground that the content of the instant sales contract, which states that the lessee of the instant apartment is unable to deliver the instant apartment because he/she failed to observe the date of director when the lessee of the instant apartment was paid only KRW 3 million among the down payment, was not in mind.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the sales contract of this case was effective by the plaintiff's brokerage, but the agreement was cancelled due to the reasons attributable to the defendant, barring any special circumstance, the defendant is obligated to pay to the plaintiff the brokerage commission for the sales contract of this case. However, the legal relationship between the real estate broker and the client is identical to the delegation relationship under the Civil Act, and Supreme Court Decision 92Da55350 delivered on May 11, 1993, etc.