1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From 2005 to 2006, the Plaintiff sold each of the real estate listed in the separate sheet (hereinafter “H land”) to C and D, introduced by the Defendant or the Defendant, according to its location.

B. On September 26, 2012, the Plaintiff decided to re-purchase 1/2 shares and F land in E’s land from C.

[Ground of recognition] Facts without dispute, Gap evidence 2, 16-1 through 5, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff sold 1/2 shares and F land to C, and paid 12 million won as the intermediary fee for E land, and 70 million won as the intermediary fee for F land. However, the Defendant is not qualified as a licensed real estate agent, and thus the mediation fee payment agreement between the Plaintiff and the Defendant is null and void. Thus, the Defendant is obligated to return the above 19 million won to the Plaintiff as unjust enrichment.

B. Even if the above brokerage fee payment agreement is valid, since the sales contract for the E-land and F land between the Plaintiff and C (hereinafter “instant sales contract”) was revoked by intention or negligence by the Defendant, the Defendant is obligated to pay the Plaintiff the said KRW 19 million as compensation for damages or return it as unjust enrichment pursuant to the proviso to Article 32(1) of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 12374, Jan. 28, 2014).

3. Determination

A. First, as to whether the Plaintiff paid brokerage fees to the Defendant under the instant sales contract, the Plaintiff paid brokerage fees to the Defendant according to the sales contract for each real estate listed in the separate sheet as follows, and among them, paid KRW 19 million (= KRW 12 million) as to the instant sales contract (= KRW 7 million).

G Land E, totaling the payment method of the object of sale, KRW 3 million on June 3, 2005, KRW 20 million on Oct. 20, 2005, KRW 5 million on Oct. 20, 2005.