1. The Defendant shall pay to the Plaintiff KRW 23,50,000 and the interest rate of KRW 15% per annum from October 24, 2015 to the day of full payment.

1. Facts of recognition;

A. On January 21, 2009, the Plaintiff entered into a contract with C and D to sell the purchase price of KRW 487,000,000 with the Gangseo-gu Busan Party E (hereinafter “instant land”) at KRW 2149 square meters (hereinafter “instant contract”).

B. The Plaintiff paid KRW 10,000,000 to the Defendant on January 20, 2009, and KRW 13,500,000 in total on February 26, 2009, and paid KRW 23,500,000 (hereinafter “instant payment”).

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. The payment of the Plaintiff’s assertion was paid as the brokerage commission of the instant sales contract, and the Defendant, not a licensed real estate agent, operated the brokerage business without registering the establishment of a brokerage office.

Therefore, since the instant payment agreement is null and void in violation of the mandatory provisions, the Defendant should pay the said payment and damages for delay to the Plaintiff.

B. The Defendant’s assertion that the instant payment was not paid as a brokerage commission, but paid as the cost of building roads on the instant land that was the blind party, and as the interest for one-year interest on the secured debt of the right to collateral security established on the said real estate.

In addition, the defendant does not engage in the business of brokerage.

Therefore, the instant payment agreement is not null and void.

3. Determination

A. The agreement that a person who is not qualified as a licensed real estate agent, without registering the establishment of a brokerage office, mediates the real estate sales contract as a real estate brokerage business and concluded with the trading party is null and void in violation of the mandatory law.

(See Supreme Court Decision 2008Da75119 Decided December 23, 2010 (see, e.g., Supreme Court Decision 2008Da75119, Jul. 29, 2005). Meanwhile, Article 2 Subparag. 2 of the Real Estate Brokerage Act (wholly amended by Act No. 7638, Jul. 29, 2005; hereinafter “Real Estate Brokerage Act”).