1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “D Licensed Real Estate Agent” in Gangnam-gu Seoul, and the Defendant is the owner of the building with two underground floors and three above ground floors located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On December 16, 2015, the Plaintiff was requested by M Licensed Real Estate Agent M who operates the E Licensed Real Estate Agent Office to jointly act as a broker for the instant building lease agreement.

C. The instant building was concluded between the Defendant and the former lessee J (hereinafter “former lessee”) and the former lessee Co., Ltd. (hereinafter “former lessee”). A new lease agreement was concluded between the Defendant and the new lessee F Co., Ltd. (hereinafter “F”) for two years (hereinafter “the instant lease agreement”), and the Defendant paid N KRW 15 million brokerage commission for the instant lease agreement, following the expiration of the lease period (from March 15, 2012 to March 14, 2014).

[Ground of recognition] Facts without dispute, Gap 3, 7 evidence, Eul 1 and 4 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. On November 2015, the Plaintiff confirmed the Defendant’s intention to lease the instant building through the Defendant’s penal O. On or around December 16, 2015, the Plaintiff actively performed intermediary activities, such as telephone conversations with the Defendant, by receiving a request from the Plaintiff’s licensed real estate agent M on the lessee’s side for the instant building from the Plaintiff and allowing the Plaintiff to enter into the instant lease agreement. Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 32,40,00 (0.9% of the amount converted into the rental deposit) for the instant lease agreement. The Defendant did not request the Plaintiff to mediate the instant building, and the Plaintiff knew.