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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 5, 6, and 7.
The plaintiff is a licensed real estate agent conducting real estate brokerage business under the trade name of D Licensed Real Estate Agent Office.
B. On January 2013, the Plaintiff was entrusted by the Defendants with the purchase and brokerage of land that is able to newly construct a meat processing plant and a house, and the Defendants introduced the 843m2 owned by the Defendants, Ulsan-gu, Ulsan-gu, U.S. (hereinafter “instant land”), but the sales contract was not concluded.
C. On January 2014, the Plaintiff again requested the Defendants to purchase and intermediate land that can be newly constructed a meat processing plant and a house. At that time, the Plaintiff transferred the Defendants to the instant land site at two times, explained the current status of aviation and land use plan to the Defendants, issued a photograph of aviation and land use plan to the Defendants, and presented the sale price desired by the Defendants to the Defendants.
After all, the Defendants concluded a sales contract with E on April 4, 2014 with the price of the instant land at KRW 860 million without any contact with the Plaintiff, and completed the registration of ownership transfer in their names on May 5, 2014.
2. The judgment broker may claim a payment of brokerage commission only when a contract has been concluded between the client and the other party by his/her own act of brokerage. Even if the broker performs the act of brokerage, if the contract was not finally concluded, or if the contract was not concluded by his/her act of brokerage, the broker may not claim the client to pay the brokerage commission.
However, even though the contract has been almost at the same stage due to the act of brokerage of the broker, the client has entered into a direct contract with the other party by excluding the broker in order to avoid the brokerage commission.
(b).