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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Gangnam-gu Seoul Licensed Real Estate Agent C established the E Licensed Real Estate Agent Office (hereinafter “instant office”) under 103, and the Defendant actually operated the instant office with the burden of operating expenses, etc. of the office.
B. The Plaintiff worked at the instant office from October 8, 2013 to July 27, 2014. The Defendant paid to the Plaintiff 30% of the profit derived from deducting various expenses from the total income generated from the brokerage business of real estate, such as the sale and lease of real estate.
C. On May 20, 2014, the Defendant participated in the bidding of 102 and 103 commercial buildings in the Gangnam-gu Seoul Metropolitan Government F apartment complex, which is sold by the Korea Land and Housing Corporation, and 103 commercial buildings in the Gangnam-gu Seoul Metropolitan Government F apartment complex (hereinafter “instant commercial building”) were awarded a successful bid of 421,425,000 won in 421,425,000, and entered into a sales contract with the Korea Land and Housing Corporation on May 28, 2014.
On September 24, 2014, the Defendant concluded a sales contract for the right to sell the instant commercial building to H and I for KRW 132,285,329, and KRW 48,575,000 out of the sales price for the right to sell was the amount of so-called sales right premium.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1 to 3, Gap evidence 5, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) The Plaintiff and the Defendant participated in the bidding of the instant commercial building in the name of the Defendant, and the Plaintiff is responsible for all the procedures related to the bidding, and if profits are more than KRW 100,000,000 after the conclusion of the sales contract, the profits are immediately sold and settled
However, since the Defendant paid 30% of the profit derived from the total profits of the instant commercial building to the Plaintiff, it is necessary to prepare an agreement regarding the distribution of profit of the instant commercial building.