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. Basic facts

A. The Plaintiff is a corporation that operates a brokerage and brokerage business of real estate, and the Defendant, as the owner of land B located in the Dong-gu, Busan Metropolitan City and its ground building (hereinafter “instant real estate”), requested the Plaintiff to mediate the sale of the instant real estate.

B. On November 12, 2014, the Defendant and C concluded a sales contract with the effect that the instant real estate shall be sold at KRW 1.399 million, but the contract deposit shall be paid at KRW 80 million on the date of the contract, and the balance of KRW 1.31 billion shall be paid on February 12, 2015 (hereinafter “instant sales contract”).

However, although C paid the down payment of KRW 48 million per contract day, and paid the remainder of the down payment of KRW 32 million on the following day, the instant contract was reversed.

C. On November 19, 2014, the Plaintiff and the Defendant drafted a letter of undertaking (Evidence A 15) regarding the brokerage remuneration of the Defendant’s instant sales contract, as follows.

1. On November 12, 2014, the Defendant pays to the Plaintiff KRW 10 million on November 19, 2014, out of the brokerage remuneration of KRW 13.8 million for the sale and purchase of the pertinent real estate, and the brokerage remuneration for this case is terminated.

Provided, That the defendant shall pay the remainder of 3.8 million won to the plaintiff at the time of re-sale.

No remaining KRW 3.8 million shall be paid at the time of sale in other real estate.

2. If the Plaintiff sells at least KRW 1.39 billion at the time of re-sale of the pertinent real estate, the full amount of the difference shall be recognized by the Defendant at the Plaintiff’s consulting services cost.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 15, Eul evidence No. 4 (including provisional number), the purport of the whole pleadings

2. The judgment of the court on the cause of the claim is based on the finding of the new purchaser after the conclusion of the sales contract of this case, and the plaintiff requested the plaintiff to enter into a contract to sell the real estate of this case for KRW 1.39 billion, as set out in the above promise.