1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Plaintiff’s assertion

On December 1, 2012, the defendant and C entered into a sales contract of KRW 300 million for the defendant's share of the land in Gyeonggi-gu D as a broker of the plaintiff.

At the time, the Defendant agreed to pay the intermediate commission for the sale and purchase of real estate at the time to the Plaintiff, and the Plaintiff seeks the payment from the Defendant.

Judgment

The purpose of the former Real Estate Brokerage Act (wholly amended by Act No. 7638, Jul. 29, 2005) is to guide and foster real estate brokerage business in a sound manner, and properly regulate real estate brokerage business, thereby contributing to the protection of people’s property rights by enhancing the credibility of real estate brokers and establishing a fair order in real estate transactions (Article 1 of the Act). Thus, the validity of an agreement on the payment of brokerage fees concluded by a person who is not qualified as a licensed real estate agent while conducting real estate brokerage business without registering the establishment of a brokerage office shall be interpreted in light of such legislative purpose.

However, if a person without a qualification as a licensed real estate agent receives fees pursuant to a payment agreement of brokerage commission concluded while running real estate brokerage business without registering the establishment of a brokerage office in violation of the statutes related to real estate brokerage business, it is likely to cause speculative and legal transactions to undermine the fairness of real estate transaction order.

In addition, considering the fact that the real estate price of the real estate subject to the main regulation of the laws related to real estate brokerage is relatively high, a licensed real estate agent with expertise to mediate real estate transactions is prevented in advance from a real estate transaction accident, and in the case of an accident, it is strongly required to regulate the real estate transaction with a strong impact on the property interest of each citizen and the convenience of the people's lives, such as guaranteeing the compensation for damages

In full view of these circumstances, it shall be considered.