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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2, 3, and 1 and 2:
On February 25, 2013, the Plaintiff purchased the sales right of KRW 349,300,000,000 from Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, 108, 902 (hereinafter “instant sales contract”), and the Defendant, a licensed real estate agent, arranged the said sales contract.
B. In the instant sales contract, the seller’s interest at the intermediate payment to the date of the contract was borne by D. However, in the course of receiving the outstanding balance of KRW 7,077,781 on March 4, 2013 from D and remitting the payment to the Plaintiff, the Defendant remitted only KRW 4,002,781, which deducts KRW 3,000,000 as brokerage commission, in addition to KRW 75,00,000.
C. The amount of brokerage commission agreed upon by the Plaintiff and the Defendant on the above sales contract is KRW 1,809,658 (including value-added tax), and the ceiling of the brokerage commission of the instant sales contract under the former Gyeonggi-do Ordinance on Real Estate Brokerage Commission, etc. (wholly amended by Gyeonggi-do Ordinance No. 4875 of March 31, 2015) is KRW 1,397,200 [The ceiling of the brokerage commission of the instant sales contract is KRW 1,397,200 [the amount paid up to the time of the transaction = KRW 276,010,000 at the premium rate of KRW 73,290,000 at the rate of KRW 0.04];
(excluding value-added tax). 2. Determination
A. The legislative purpose of the former Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (amended by the Licensed Real Estate Agents Act, Act No. 11690, Jan. 28, 2014; hereinafter “Act”), which was applied at the time of the instant sales contract, is to contribute to the national economy by guiding and fostering real estate brokerage business in a sound manner and establishing a fair and transparent order in real estate transactions (Article 1). Accordingly, the Act that sets the limit of brokerage commission and sets the limit thereof, and prevents fees from being paid.