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.

1. Basic facts - The plaintiff is a person who runs the brokerage business under the trade name of "D Licensed Real Estate Agent Office" in Daegu Suwon-gu, and E is a person who works as a brokerage assistant for the above office.

- On September 28, 2018, the Defendant and F Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) entered into a lease agreement with the Defendant and F Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) on a deposit amount of KRW 300,000,000,000, monthly rent of KRW 14,000,000,00

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 10 through 12, Eul 1 through 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant concluded the above lease contract with the non-party company as the plaintiff's brokerage. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 1.7 billion as the reference amount of KRW 15.3 million ( KRW 14 billion per month x KRW 100 billion x KRW 300 million) x 0.9% of the rental brokerage commission fee = 15.3 million per annum 1,683 million per annum and the amount of KRW 1.5.3 million per annum.

B. (1) According to the Licensed Real Estate Agent Act stipulating matters concerning the business, etc. of a licensed real estate agent, a person who intends to run a brokerage business shall obtain a qualification as a licensed real estate agent and file a registration of establishment of a brokerage office with

(Article 2 subparag. 2 and Article 9(1) and (2) of the Act on the Registration of Establishment of a brokerage office is applicable to so-called mandatory regulations that restrict the validity of an agreement on the payment of brokerage fees concluded by a person who is not qualified as a licensed real estate agent while running real estate brokerage business without the registration of establishment of a brokerage

(see, e.g., Supreme Court Decision 2008Da75119, Dec. 23, 2010). In addition, where a practicing licensed real estate agent employs a brokerage assistant, he/she shall report to the competent administrative agency thereof (Article 15(1)). The act of a brokerage assistant is deemed the act of a practicing licensed real estate agent who employs the broker assistant (Article 15(2)). Article 15(2) of the Licensed Real Estate Agent Act provides that “mediation assistant” shall be deemed to be the act of a practicing licensed real estate agent