The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On December 9, 2016, the Defendant entered into a sales contract with C on December 9, 2016, under which the Defendant purchased KRW 6,612 square meters of the purchase price of KRW 1,700,000,000, out of the aggregate of KRW 15,003 square meters of the land and E land area in Gyeyang-gu, Seoyang-gu, Yangyang-si (hereinafter “instant contract”), and the Defendant entered into the sales contract (hereinafter “instant contract”).

B. The defendant agreed to cancel the contract of this case with C thereafter, and the defendant was above C.

The sales contract was concluded again to purchase the land stated in the port in the purchase price of KRW 1,600,000.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. The plaintiff's assertion that the contract of this case was mediated and the contract of this case was concluded accordingly, and therefore, even if the contract of this case was terminated thereafter, the defendant is obligated to pay to the plaintiff a commission of 15,300,000 won (=1,700,000 won x 0.09) and its delay damages amounting to 0.9% of the purchase price.

3. At the time of the preparation of the instant contract, there is no dispute between the parties as to the fact that the Plaintiff stated the part concerning the contract of this case.

However, the following circumstances are revealed by comprehensively taking account of the Plaintiff’s evidence Nos. 1 and 1, the appraisal result of the first instance trial appraiser F, and the purport of the entire pleadings: (i) the Plaintiff’s signature and seal exists in the practicing licensed real estate agent column of the copy of the instant contract (Evidence No. 1) presented by the Plaintiff as evidence; (ii) the Plaintiff’s copying of the original copy of the instant contract; (iii) the Plaintiff voluntarily signed and sealed it to the practicing licensed real estate agent column of the copy; (iv) the practicing licensed real estate agent column of the copy of the instant contract (Evidence No. 1) presented by the Defendant as evidence did not have the above Plaintiff’s signature and seal; and (v) the broker means mediating the act between the parties regarding the acquisition, loss, and transfer of rights, such as sale of land,