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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent who operates a real estate brokerage office in the name of “D” in Haak-gun, Gyeongnam-gun.
B. Around January 2018, the Defendant, an employee E, requested the Plaintiff to mediate for the purchase of land for factory and buildings, and on March 19, 2018, the Plaintiff introduced a factory site and its factory building (hereinafter “instant real estate”) in the Haan-gun, Gyeongnam-gun, the F Co., Ltd. owned by the Defendant on March 19, 2018.
C. From April 9, 2018, the Plaintiff attempted to adjust the price between FF Company and the Defendant, but failed to conclude a sales contract because the purchase price has not been adjusted.
However, on April 12, 2018, the Defendant entered into a sales contract with F Co., Ltd. for the instant real estate amounting to KRW 2.25 billion (hereinafter “instant sales contract”) and completed the registration of ownership transfer.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 3 evidence, Eul 1 (including virtual number), the purport of the whole pleadings
2. Notwithstanding the Plaintiff’s assertion that the Plaintiff was acting as a broker for the instant sales contract, such as introducing the instant real estate to the Defendant and adjusting the price thereof, the Defendant excluded the Plaintiff solely for the purpose of not paying brokerage fees, and concluded the instant sales contract. Thus, the Defendant should pay to the Plaintiff a commission of KRW 20,250,000 for the sales of the instant real estate (=250,000 won for the sales of the instant real estate x 0.9% for the sales of the instant real estate).
3. Determination
A. In principle, the broker may claim brokerage commission (the broker may claim brokerage commission) from the broker on the premise that his/her act of brokerage completed the conclusion of the contract with respect to the object of brokerage, such as the preparation of the contract. However, the broker did not play a critical role in the formation of the contract.