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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 2, 2012, the Plaintiff asserted that C is liable to sell two lots, including 18,080 square meters of D forest and 18,080 square meters of forest and E, 5,554 square meters of forest (hereinafter “instant F land”), KRW 50 million; on January 29, 2013, KRW 975 square meters of H forest and 975 square meters; KRW 975 square meters of forest and 975 square meters of I forest; KRW 975 square meters of J forest and 975 square meters; KRW 975 square meters of forest and 445 square meters of L forest; KRW 975 square meters of forest and n forest and 975 square meters of forest; KRW 975 square meters of forest and O forest; KRW 1,169 square meters of forest and 100,000 won of the instant land; the Defendant claimed that the instant land and 200,000 won of the instant real estate sales commission.
2. Relevant legal principles and the issue of this case are defined as "mediation" to arrange the sale, exchange, lease, and other gain, loss, and transfer of rights between the parties to a transaction with respect to land, buildings, and other fixtures, etc. (see Article 2 subparagraph 1). In addition, a personal licensed real estate agent provides that brokerage business of objects other than housing shall be paid by the client the remuneration determined by Ordinance of the Ministry of Land
(see Article 32(1) and (4). Furthermore, in light of the purport of the legal provisions aimed at protecting a transaction partner, whether a broker actually has an intention to mediate or mediate a transaction on behalf of the transaction partner should not be determined on the basis of the subjective intention of the broker, not on the basis of whether the broker’s act is objectively deemed to be an act for mediating or mediating a transaction by social norms.
(See Supreme Court Decision 2012Da102940 Decided June 27, 2013, which is a precedent related to liability for damages caused by reasons attributable to the brokerage of a licensed real estate agent, etc. (see, e.g., Supreme Court Decision 2012Da1