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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff, a licensed real estate agent, asserts that the sales contract between Defendant B and Defendant F, for the land G site G 11,570.3 square meters and its ground buildings (hereinafter “instant sales contract”) was concluded by the Plaintiff’s act of brokerage, such as H, etc., and the Defendants are liable to pay the Plaintiff the brokerage commission as stated in the purport of the claim.
2. Determination
A. In principle, in the case of a real estate broker, only if a contract has been concluded and the contract has been concluded between the parties by mediating a contract, the broker may seek a payment of the brokerage commission to the client. However, in exceptional cases where the contract has been concluded by the broker as an act of real estate broker, but the client conspireds to exclude the real estate broker for the purpose of avoiding the brokerage commission and directly concluded the contract by excluding the real estate broker, the broker may seek a payment of the brokerage commission in accordance with the purport of Article 686 of the Civil Act and the principle of good faith in transaction, etc. In addition, even if there are special circumstances, such as the broker's act of brokerage was suspended for reasons for which the broker was not responsible for the formation of the contract, and the broker was not involved in the preparation, etc. of the final contract, the broker has the right to claim a brokerage commission corresponding to the extent of the brokerage act already concluded against the client, based
I would like to say.
B. Therefore, in this case, we examine whether the sales contract of this case was almost sexually formed by the Plaintiff’s brokerage act, or whether the Plaintiff played a critical role in the formation of the contract to recognize the Plaintiff’s claim for brokerage commission, and H et al., the Plaintiff’s intermediary, along with Defendant E et al., owned by the Plaintiff Company B.