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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 31, 2017, the registration of ownership transfer was completed on December 15, 2016 on the following grounds: (a) Nonparty C and D’s joint ownership (hereinafter “instant sales contract”) with the Defendant and F joint names (each of 1/2 equity shares) with respect to the building of 450.2 square meters and 5 stories above ground (hereinafter “instant real estate”).
[Reasons for Recognition] 1-1 and 2-1 of Evidence A
2. The plaintiff's assertion that the defendant introduced the real estate of this case from the plaintiff as an individual, and requested the plaintiff to purchase the real estate of this case, but concluded the sales contract of this case directly with the non-party G, the same person, and completed the registration of transfer of ownership, so the defendant is obligated to pay 15,50,000 won (=3,100,000,000 x 0.5%) to the plaintiff. Since the defendant purchased the real estate of this case as a broker assistant H's referral, but concluded the sales contract of this case without excluding the plaintiff, the above amount of brokerage commission should be refunded.
3. Determination
A. Whether a certain act constitutes a brokerage act or not shall not be determined on the basis of the broker’s subjective intent that the broker has an intention to mediate or mediate a transaction on behalf of the party to the transaction, not on the basis of whether the broker’s act is objectively viewed as an act for mediating or mediating a transaction in light of social norms.
(Supreme Court Decision 2005Da55008 Decided February 8, 2007, and Supreme Court Decision 2012Da42154 Decided July 10, 2014, etc.). Real estate brokerage act by a broker mediates an act between the parties to a transaction regarding the transaction, exchange, lease, and other acquisition or modification of the rights with respect to the object of brokerage. In principle, the broker must complete a contract, such as the preparation of a written contract for the object of brokerage.