1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall include all the parts arising from the participation in the appeal.

1. Basic facts

A. On October 18, 2013, the Plaintiff drafted a service contract (hereinafter “instant service contract”) with the Defendant’s assistant participant, a broker operating the “D Licensed Real Estate Agent Office”, stating that “the Defendant’s assistant participant is engaged in sales and marketing business in cooperation with the Plaintiff in connection with the sales agency business established with the Defendant.” The Plaintiff is a basic fee of KRW 15 million out of the service cost per household under the contract that the Plaintiff receives from the Defendant, an executor at the time of the conclusion of the contract, to pay KRW 30 million out of the service cost per household under the contract that the Plaintiff receives from the Defendant, an executor at the time of the conclusion of the contract.”

B. On October 30, 2014, the Plaintiff received a collection order (hereinafter “instant collection order”) from the Seoul Western District Court Decision 2014Da4206, with respect to the Defendant Intervenor’s Intervenor’s Intervenor’s “a claim, such as a sales agency contract for the transfer of Yongsan-gu E, and a sales agency fee, etc. arising from the contractual relationship related thereto,” and issued a seizure and collection order (hereinafter “instant collection order”) with respect to KRW 96 million against the Defendant. The above collection order was served on the Defendant, a debtor, on November 4, 2014.

C. On November 7, 2014, with respect to the collection order of this case, the Defendant submitted a written statement that the Defendant had no obligation to pay the Defendant as a brokerage commission (including value-added tax) on February 18, 2014, with respect to the transfer (E) Nos. 203 and 204 of Yongsan-gu Seoul E, which the Defendant’s Intervenor traded and traded (hereinafter “E”), and submitted to the Defendant, with respect to the collection order of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion is that the defendant's assistant intervenor acting as an agent for the defendant's sales business regarding E and is paid a sales commission of KRW 100 million per household, separate from the trade brokerage contract between the defendant and the defendant's assistant intervenor.