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. Determination on the cause of the claim

A. The Plaintiff asserted that, while mediating the sales contract for non-city C and 4 parcels in Busan City, the Plaintiff entered into an agreement with the Defendant qualified as a licensed real estate agent to participate in the said sales contract, and to divide the commission that the Defendant received from the seller and buyer to 7:3.

(hereinafter “instant agreement”). Since the Defendant received KRW 19 million as the brokerage commission for the instant sales contract, it is obligated to pay KRW 13.3 million to the Plaintiff in accordance with the instant agreement.

B. In light of the above legal principles and Articles 7 and 1 and 2 of the Licensed Real Estate Agents Act prohibiting both the lending of the name of a licensed real estate agent and the borrowed name of ordinary people, where a person who is not qualified as a licensed real estate agent, without registering the establishment of a brokerage office, entered into an agreement to pay brokerage fees under the name of the licensed real estate agent and to divide the brokerage fees between the licensed real estate agent and the licensed real estate agent, it is reasonable to deem that each of the above agreements is null and void because it is in violation of the mandatory law and regulations, and thus, it is reasonable to deem that such agreement is null and void because it is also contrary to the mandatory law and regulations, in light of the fact that a person who is not qualified as a licensed real estate agent actually engages in the real estate brokerage business and actually borrows the name of the licensed real estate agent.

Therefore, since the instant agreement is null and void, the Plaintiff’s claim is without merit.

The plaintiff asserts that the agreement of this case is valid since he merely acts as an intermediary for another person only once with an opportunity, but does not engage in an intermediary business. However, when considering the contents of evidence Nos. 2 and 3, and evidence Nos. 2 and 2 as a whole, the plaintiff is also under the business partnership with the defendant, in addition to the above sales contract.