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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as a licensed real estate agent operating the D Licensed Real Estate Agent Office in Seo-gu, Gwangju, was requested from F Co., Ltd., the implementation company of the E-Regional Housing Association (hereinafter the instant association), which promoted housing redevelopment project, to purchase and sell sites necessary for promoting the regional housing project, including 233 square meters of G gas station site (excluding liquor abandonment), 318 square meters of H gas station site (excluding liquor abandonment), and 201 square meters of the I gas station site (excluding liquor abandonment; hereinafter the same shall apply) owned by the Defendant.
B. On November 28, 2016, the Plaintiff found the Defendant and arranged the instant association to enter into a sales contract on the instant real estate for a period of up to two years, after indicating that the Plaintiff was a licensed real estate agent. On November 28, 2016, a sales contract was entered into between the Defendant and the instant association for KRW 5.8 billion with regard to the instant real estate.
C. The Plaintiff signed and sealed the Plaintiff’s signature and seal in the membership column of the sales contract concerning the instant real estate, entered the Plaintiff’s trade name, and the real estate agent column of the certificate of completion of the real estate transaction contract issued by the head of Gwangju Metropolitan City is also indicated with the Plaintiff’s name
[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 5 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff informed that it was a licensed real estate agent from the beginning and met the Defendant; and (b) during a period of two years, actively arranged the instant sales contract to be concluded, such as making contact with the Defendant and coordinating the sales price.
Therefore, the defendant is obligated to pay to the plaintiff a commission of 52,00,000 won and damages for delay, which are 0.9% of the purchase price corresponding to the statutory brokerage fee.
(b) Subparagraph 1 of Article 2 of the Licensed Real Estate Agents Act is between the parties to a transaction regarding the object of brokerage under Article 3.