1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiffs corresponding to the above revocation part are the defendants.

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. 1) The Plaintiffs received a request from Defendant C and Defendant D for the sale and purchase of each of the instant real estate, and arranged the sale and purchase of each of the instant real estate between the Defendants, but the Defendants directly concluded the instant sales contract with the intent to avoid brokerage commission. As such, the Defendants are obligated to pay the Plaintiffs the amount equivalent to the brokerage commission prescribed by law. (2) The Defendants C did not request the Plaintiffs to sell each of the instant real estate, and there is no lack of delegation of the authority to request the sale of each of the instant real estate to H claimed as Defendant C’s agent.

In addition, since the plaintiffs did not engage in specific brokerage activities for the sale of each real estate of this case, the defendants are not obligated to pay real estate brokerage fees to the plaintiffs.

B. The right to claim remuneration due to the determination of the sale and purchase brokerage takes place on the condition that the sale and purchase contract is constituted as the brokerage of the broker, so long as the sale and purchase contract was not constituted as the brokerage, even if the broker made an endeavor to do so, it cannot claim remuneration equivalent

(See Supreme Court Decision 4289Sang81 delivered on April 12, 1956). However, there are special circumstances, such as that even though a real estate broker’s act of acting as a broker has reached almost a certain stage of sexuality, a direct contract is concluded by the client and the other party without excluding the real estate broker for the purpose of avoiding the brokerage commission, or the real estate broker was suspended from acting as a decisive agent for the formation of the contract, and thus the real estate broker was unable to participate in the preparation of the final contract.