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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a real estate broker running the C Licensed Real Estate Agent Office in Chuncheon City.
B. On December 14, 2013, upon receiving a request from the Defendant for real estate brokerage, the Plaintiff acted as a broker in the process of purchasing D’s E Apartment Nos. 107 and 2402 (hereinafter “instant purchase contract”).
C. Under the above contract for the purchase of the sale right as above, D sells the purchase price of KRW 266,00,000 to the sale price of KRW 186,20,000 to the sale price of KRW 180,00 to the sale price of KRW 79,80,000 to the sale price of KRW 267,60,000 to the sale price of KRW 267,60,000 to the sale price of KRW 159,60,000 to the sale price, and the Defendant takes over the loan of KRW 159,60,000 to the purchase price of KRW 80,80,000 to the purchase price of the remainder as seen below, and thus, the remainder to be paid by D to D to the purchase price of KRW 79,80,000 to the purchase price of KRW 80,800,00 to the purchase price of the remainder shall be deemed to be the actual payment of the remainder to D.
The extension cost is separate, but the remainder and the remainder of the extension cost are responsible for the buyer, and the intermediary fee is paid by both parties at the same time as the contract is concluded.
The expansion cost to be paid by the defendant to D in the course of purchasing the right of sale is KRW 1,200,000.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. Determination
A. According to Article 32(1) and (3) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (amended by Act No. 12374, Jan. 28, 2014; hereinafter “the Act”), a broker is entitled to receive a fixed fee from a client with respect to brokerage business, and necessary matters concerning a fee for housing brokerage shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs within the scope prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.