The case holding that a request for the introduction fee cannot be made

If a real estate agent intends to receive a certain fee, the transaction contract is formed through the introduction, and therefore there is a causal relationship between the introduction and the conclusion of the contract. Therefore, even if the contract is formed between the parties who received the introduction and the introduction, even if the contract is formed upon the request of the introduction, the agent cannot claim the introduction fee due to the introduction, unless otherwise stipulated in the payment of the introduction fee.

Article 2 of the Introduction Business Act

Plaintiff 1 and one other

Defendant

Busan District Court (66Ga199)

This appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The original judgment shall be revoked.

The defendant shall pay 2,00,000 won to the plaintiff, etc. at the rate of 5 percent per annum from the following day from the service day to the full payment day.

Litigation costs shall be borne by the defendant through the first and second trials.

A provisional execution may be carried out only under paragraph (2) of the text.

The defendant alleged that the non-party 1 purchased the above non-party 37 site and above-ground buildings, etc. on November 5, 1965 from the non-party 1 corporation of Busan Jung-dong Co., Ltd. of the above non-party 37. The plaintiff et al. made efforts to purchase and sell the above 56,00,000 won for about 8 months by the plaintiff et al. and to purchase and sell the above 48,000 won and 2,00,000 won for the defendant et al. of this case from the non-party 1 to the non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 3's counter-party 1's counter-party 1's witness'

Then, even if the plaintiff's preliminary claim is without merit, the plaintiff asserts that the amount equivalent to 43,00,000 won for the above purchase price is 720,000 won for the above 43,00,000 won for the above purchase price as the introduction fee, and it can be acknowledged that, according to the testimony of the non-party 5 of the witness of the court below, the contract is formed through the introduction. However, if the real estate agent intends to receive a certain fee, the contract is formed through the introduction. Thus, even if the contract is formed between the introduction and the contract formation, and the contract is formed between the party to whom the introduction was made, the contract is not established through the introduction, unless there is a special agreement between the introduction and the non-party, the contract is established through the introduction and the non-party's direct establishment of the contract between the plaintiff and the non-party, etc.

Therefore, the plaintiff et al.'s principal claim and conjunctive claim based on the agreement that the plaintiff et al. shall pay 2,00,000 won to the plaintiff et al. for the introduction cost, shall be dismissed without any judgment on other points. The judgment of the court below that concluded this conclusion is justifiable and it is so decided as per Disposition by applying Article 95, Article 93, and Article 89 of the Civil Procedure Act to the plaintiff et al. for the dismissal of this appeal by the plaintiff et al. and participating in the cost of lawsuit.

Judges Kim Young-ro (Presiding Judge) Park Jae-ho