1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs a brokerage business with the trade name “D” in Songpa-gu Seoul Metropolitan Government.

B. On March 23, 2016, the Defendant and the selector entered into a lease agreement (hereinafter “instant lease agreement”) between the Plaintiff’s broker and E and F (hereinafter “Lessee”) with respect to the lease term of the Songpa-gu Seoul Metropolitan Government and the fourth-story 107.18 square meters (hereinafter “the lease object of this case”) from April 9, 2016 to April 8, 2018, with the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,100,000 (hereinafter “the lease agreement of this case”).

C. On the other hand, Article 8 of the contract prepared at the time of the conclusion of the above lease agreement states that "the brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is null and void, cancelled, or cancelled without the intention or negligence of the

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant and the appointed party concluded the instant lease agreement by the Plaintiff’s brokerage, and the Plaintiff is jointly and severally liable to pay 1,350,000 won and damages for delay to the Plaintiff as an intermediary fee pursuant to the lease agreement. 2) The Defendant’s assertion and the appointed party requested the Plaintiff to provide the object of securing two parking spaces at the time when the Defendant and the appointed party requested the Plaintiff to mediate the lease agreement. On this premise, the instant lease agreement with the Plaintiff that represented the lessor was concluded, but the lessor did not reject the performance of the said condition and eventually did not have any obligation to pay brokerage fees to the Plaintiff.

B. Article 32(1) of the Licensed Real Estate Agent Act provides that a practicing licensed real estate agent is entitled to the prescribed remuneration concerning brokerage business by the client.

Provided, That it shall be intentional by a practicing licensed real estate agent.