1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 9, 2018, the Defendant purchased the instant real estate and buildings owned by Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) in KRW 3,450,000,000, and concluded a sales contract with the Defendant to pay the intermediate payment of KRW 100,000,000 on July 31, 2018, when entering into the contract, the intermediate payment of KRW 100,000,000 to the payment of KRW 3,300,000 on August 31, 2018.

The Plaintiff, a licensed real estate agent operating the F Licensed Real Estate Agent Office in Mapo-gu Seoul Metropolitan Government, agreed to mediate the above sales contract with the Defendant as a brokerage fee of KRW 31,050,000 (excluding value-added tax), and issued a description of confirmation of the object of brokerage stating the same purport to the Defendant.

B. On August 4, 2018, the Defendant drafted a sales contract to pay the sales price for the instant real estate to C, but the down payment of KRW 150,000,000,000, an intermediate payment of KRW 900,000,000, when entering into a contract, and the intermediate payment of KRW 2,400,000,000 to be paid on August 31, 2018.

The above contract of sale was added to the special agreement that "to cooperate in the construction of the first floor, the fourth floor, and the rooftop".

The Plaintiff signed and sealed the above sales contract as a licensed real estate agent.

C. However, the sales contract that was issued to C on the same day was stipulated in the special agreement that "on the same day, the current tenant succeeds to the buyer, and the deposit shall be deducted at the time of the balance." On the same day, the Defendant sent the same day to the Plaintiff as text messages.

Accordingly, the plaintiff, on the same day, changed the amount of KRW 10,000,00 as the brokerage fee in consideration of the lease deposit, etc. that the defendant may succeed to the defendant.

On August 21, 2018, the Defendant sent a text message to the Plaintiff on August 21, 2018, stating that “I will know to the Defendant,” and the Plaintiff sent a text message to the Defendant on the same day.

E. On August 25, 2018, the Defendant succeeds to the lessee under the “contract” to the Plaintiff.