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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a company established for the purpose of real estate brokerage, etc., and the defendant is the representative director B of the company.
B. On January 30, 2017, Company B entered into a sales contract with Company B, a broker who operates the C Licensed Real Estate Agent Office, with a content of selling KRW 4,80,000 square meters of land for F-gu, Daegu-gu, Seoul-gu and KRW 1920,000 of land for a factory and above-ground buildings owned by Company B, and a sales contract with a content of selling KRW 3982 square meters of land for G-gu, Daegu-gu and its ground buildings (hereinafter “instant real estate”), for KRW 4,956,450,00 of land for G-gu and its ground buildings (hereinafter “instant real estate”).
[Reasons for Recognition] Facts without dispute, entry of Eul in the evidence of Nos. 1 to 3 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion, the Plaintiff’s broker H, introduced E-I to the Defendant via the Defendant, and even though the contract entered into almost the stage of gender formation as such, the Defendant concluded a direct contract by excluding the Plaintiff for the purpose of avoiding brokerage commission. As such, the Defendant is obligated to pay KRW 87,71,600 equivalent to 0.9% of the amount of the real estate purchase price of this case according to the ratio of brokerage commission of the Korean Licensed Real Estate Agent Association.
B. 1) The relevant legal act of arranging the transaction, exchange, lease, and other acts, gain, loss, and transfer of rights between the parties to the transaction. The broker may claim a brokerage commission to the broker only after the conclusion of the contract on the object of brokerage is completed. In the event the act of brokerage is terminated without achieving the purpose, the broker may not claim a brokerage commission according to the ratio of disposition of the act of brokerage (see, e.g., Supreme Court Decision 90Da18968, Apr. 9, 191). However, even though the contract has been almost completed due to the act of the broker of real estate, the broker is the client.