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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs real estate brokerage business under the trade name of “D Real Estate Brokerage Office” in the Dong-gu Busan Metropolitan City, and the Defendant is a person who requested the Plaintiff to sell and purchase the E-building Nos. 121 and 122 located in the Dong-gu, Busan Metropolitan City (hereinafter “instant real estate”).
B. On June 10, 2016, the Plaintiff, the Defendant, and the F wishing to purchase the instant real estate had discussed the sale and purchase agreement under 122 out of the instant real estate, but did not reach the preparation of the contract.
C. On June 13, 2016, F visited the Plaintiff’s real estate, but the Defendant did not mislead the Plaintiff, and the sales contract was not prepared.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. On June 10, 2016, the Plaintiff asserted that the Defendant unilaterally concluded a sales contract with F on the instant real estate as a broker by the Plaintiff, but unilaterally demanded the purchase price to be more than KRW 16,295,400,00, = 14,814,000 = (=823,00,000 x 0.9% x 0.9% x 2) x 1,481,400 (= value-added tax x 14,814,000 x 10%) upon the conclusion of the sales contract.
B. The judgment of the real estate intermediary act is to arrange the transaction, exchange, lease and other acts concerning the acquisition, loss and transfer of rights between the parties to the transaction regarding the object of brokerage, and in principle, the broker may claim the brokerage commission to the broker only after the conclusion of the contract, such as the preparation of the contract for the object,
However, in special circumstances, such as the suspension of a broker's act of brokerage due to a cause not attributable to the broker, and the failure of the broker to participate in the preparation, etc. of the final contract, the purport of Article 686 (3) of the Civil Code and Article 61 of the Commercial Code is the purport of Article 61 of the Commercial Code.