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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. The Defendant, on August 14, 2018, entered into an agreement with the Plaintiff to pay to the Plaintiff KRW 30 million in the name of real estate consulting fees (hereinafter “instant agreement”) with respect to the land of Incheon through D (hereinafter “instant land”) within three months from the date of the said agreement or when paying the remainder of each of the above lands, and the Defendant and E entered into a sales contract with F, the owner of the instant land, and completed the registration of ownership transfer on December 17, 2018, and the Plaintiff was paid KRW 10 million as part of the advisory fees under the instant agreement with the Defendant on September 6, 2018.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 15, 2019 to May 31, 2019, the following day after the delivery date of the original copy of the instant payment order, under the instant contract, to the Plaintiff at the rate of 12% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. (1) (1) The Defendant is merely merely merely a payment agreement for brokerage fees for the purchase and sale of the instant land, but does not constitute a real estate consulting contract. Since the Plaintiff acted as a broker for the sale and purchase of the instant land without registering the establishment of a brokerage office under the Licensed Real Estate Agents Act, the instant contract is null and void in violation of the mandatory law, and even if valid, the limit of brokerage fees to be claimed by the Plaintiff is 5,78, as prescribed by Article 20(1) of the Enforcement Rule of the Licensed Real Estate Agents Act.