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.

1. Basic facts

A. On December 30, 2015, C entered into a contract with the Defendant on behalf of D to purchase KRW 320 million for forest land of KRW 133,289 square meters in Gongju-si (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, G and the Defendant stated the contract as a practicing licensed real estate agent, and G were licensed real estate agents entrusted to sell from the seller C, and the Defendant was involved in the said contract as an agent and a licensed real estate agent at the time of the instant sales contract, and was temporarily registered as a licensed real estate agent at the time of the instant sales contract.

C. C paid KRW 10 million to the Defendant on December 31, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion ① even though the Defendant is not a practicing licensed real estate agent, the Defendant received KRW 10 million from C as a brokerage commission in relation to the instant sales contract, which is in violation of the mandatory law, and thus, it is in violation of the mandatory law, thereby returning the entire amount to C, and shall pay the Plaintiff the claim for return of unjust enrichment from C.

② Even if not, the Defendant’s payment of KRW 10 million exceeds the statutory limit of the brokerage commission, and thus, the excess amount must be returned to the Plaintiff who acquired the claim from C.

3. Determination

A. We examine the determination of the above assertion: (a) the fact that the Defendant entered as one of the licensed real estate agents in the sales contract is not a practicing licensed real estate agent or his affiliated licensed real estate agent who registered the establishment of the brokerage office at the time; and (b) C remitted to the Defendant the Defendant the amount of KRW 10 million, which is a part of the brokerage commission agreed in relation to the instant sales contract, as seen earlier.

However, the following circumstances, which are acknowledged as having comprehensively taken account of the overall purport of pleadings in each of the statements Nos. 1 through 4, i.e., the Defendant obtained qualification as a licensed real estate agent around September 24, 200.