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. The Plaintiff is a licensed real estate agent conducting business under the trade name of A Licensed Real Estate Agent.

On February 22, 2016, the Defendant entered into a lease agreement between D and D on the second floor of the building in Gwangjin-gu Seoul Special Metropolitan City E (hereinafter referred to as “instant real estate”) with deposit deposit of KRW 50 million, monthly rent of KRW 2700,000 (excluding value-added tax), and the lease period from March 31, 2016 to March 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The main purport of the claim is that the plaintiff is liable to pay the broker fee of KRW 2.7 million and damages for delay to the plaintiff, since the plaintiff introduced the real estate of this case to the defendant upon request of the defendant for brokerage and acted as a broker for the formation of a lease agreement.

B. Determination 1) In principle, a real estate broker is entitled to seek a payment of brokerage commission only when he/she acts as a broker for the formation of a contract and thereby acted as a broker between the parties. The plaintiff's act was interrupted before the conclusion of the contract, and the fact that the plaintiff was not present at the time of the conclusion of the contract is not in dispute between the parties. Thus, the plaintiff is not entitled to seek a payment of brokerage commission as a matter of principle, since the contract was almost at almost at the stage of gender formation due to the act of brokerage of the broker, but the client and the other party were excluded from the brokerage commission for the purpose of avoiding the brokerage commission. However, in exceptional cases where there are special circumstances, such as where the broker was interrupted due to the discontinuance of the act of brokerage due to the reason for which the broker was not responsible, and thus the broker was not involved in the preparation of the final contract, it shall be equivalent to the extent of the brokerage act