1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating the I Licensed Real Estate Agent Office in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendants are co-owners of buildings located in the Dongjak-gu Seoul Metropolitan Government J (hereinafter “instant real estate”).

B. On February 2012, the Plaintiff was commissioned by the ice ice ladra Co., Ltd. (hereinafter “Lice ladra”) to display the store for the shop occupants of electronic equipment.

C. From June 1, 2013 to May 31, 2018, the Defendants entered into a lease agreement with the ice contractor, setting the lease deposit amount of KRW 100,000,00, monthly rent of KRW 40,000 (excluding value-added tax) (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 2, purport of whole pleadings

2. The parties' assertion

A. On February 2012, the Plaintiff asserted that: (a) contacted the Defendants for the lease of the instant real estate at the request of the ice Flag; (b) thereafter, Defendant B requested the Plaintiff to lease the instant real estate on behalf of the Defendants on September 7, 2012; and (c) the Defendants, as a broker, concluded the instant contract with the ice Flag around April 6, 2013.

Therefore, the Defendants should pay 36,900,000 won to the Plaintiff.

B. The Defendants asserted that they did not request the Plaintiff to act as a broker for the lease of the instant real estate, and only entered into the instant contract with the Plaintiff’s broker requested by the ice Flag.

Therefore, the Defendants are not obliged to pay the fees to the Plaintiff.

3. Article 2 subparag. 1 of the Licensed Real Estate Agent Act provides that “conscepting” means mediating the transaction, exchange, lease and other gain, loss and transfer of rights between the parties to the transaction regarding the object of brokerage as provided for in Article 3, and Article 32(1) of the same Act provides that “a practicing licensed real estate agent shall engage in brokerage business.”