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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On November 27, 201, the Plaintiff entered into a sales contract with the Defendant and C as an intermediary introduced from the Plaintiff, with respect to the amount of KRW 2,274 square meters (hereinafter “instant land”) for the Defendant, who owned the Plaintiff, with the E and F, of KRW 210,00,000 (hereinafter “instant contract”).
B. The Plaintiff paid KRW 17,000,000 to the Defendant on the same day.
[Ground of recognition] Facts without dispute, entry of evidence No. 1-2, testimony of witness D of the first instance court, purport of whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff asserts that the defendant paid KRW 17,00,000 to the defendant as required to fill up the land in order to sell the land of this case. Since the defendant did not fill up the land, the defendant must return the above money to the plaintiff as unjust enrichment.
In light of the facts that the Plaintiff paid KRW 17,00,000 to the Defendant as a banking work cost, there is evidence evidence Nos. 2 and D’s testimony of the first instance court. However, there is no circumstance to deem that there was no indication on banking work in the contract of this case (Evidence No. 1-2) and any discussion on banking work between the Plaintiff, E, and F. In addition, there is no circumstance to deem that there was any discussion on banking work between the Plaintiff, E, and F. The Defendant requested D to pay KRW 17,00,000 as a brokerage commission, and there is no other evidence to acknowledge this.
Rather, according to the above circumstances, since the above KRW 17,00,000 is deemed to have been paid as a brokerage commission, this part of the Plaintiff’s assertion on the premise that the Defendant was paid the above money as a banking work expense is without merit.
B. (1) In addition, if the Plaintiff paid the above KRW 17,00,000 as a brokerage commission, it is mandatory for the Defendant, who is not qualified as a licensed real estate agent, to act as a broker and receive a brokerage commission.