1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the name of “D Licensed Real Estate Agent Office” in Mapo-gu Seoul Metropolitan Government.

B. The Defendant is the owner of Mapo-gu Seoul Metropolitan Government E and 202 (hereinafter “instant housing”). On July 29, 2016, the Defendant sold the instant housing at KRW 620,000 and KRW 60,000,000 for down payment at the time of the contract between the Plaintiff’s brokerage and the Switzerland Housing Co., Ltd. (hereinafter “Switzerland, etc.”). The main content of the instant sales contract is as follows: (a) the intermediate payment of KRW 120,000; (b) the intermediate payment of KRW 120,000; (c) the remainder payment of KRW 440,00,000; and (d) the sales contract was concluded with each of the payments of KRW 30,00 on November 30, 2016 (hereinafter “instant sales contract”).

Article 6. Licensed Real Estate Agent is not liable for the seller's or buyer's default of this Agreement.

In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled or cancelled due to the circumstances of the transaction party without the intention or negligence of the practicing licensed real estate agent.

[Matters of special agreement] The sales contract of this case is to remove the existing apartment house of Mapo-gu Seoul Metropolitan Government and newly construct a new building, so the buyer may terminate the contract without penalty if the buyer fails to acquire all of the subject matter of purchase, and the seller shall immediately refund the down payment.

C. The description of confirmation of the object of brokerage attached to the instant sales contract states that the defendant's brokerage remuneration to be paid to the plaintiff is KRW 3,100,000, and that "620,000 x 0.5% x brokerage remuneration is in accordance with the rate prescribed by ordinance of the City/Do, or that the brokerage remuneration shall be in accordance with the rate prescribed by ordinance of the City/Do, or that value-added tax may be imposed separately on the basis of the rate determined by mutual consultation between the client and the practicing licensed real estate agent."