1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion made an arrangement from the Defendant to sell the instant six stores to Nonparty C on June 16, 2014 after concluding an agreement by allowing 2% of the sales price to be paid as a commission if the sales contract with respect to the instant six stores owned by the Defendant (hereinafter “instant six stores”) was arranged from the Defendant to sell the instant six stores to Nonparty C. The Defendant is obligated to pay the Plaintiff the amount of money that the Plaintiff had not paid to the Plaintiff out of KRW 3,88,107,316 of the sales price of the said six stores.

2. Under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, money and other valuables are prohibited from being received in excess of the commission or actual expenses under Article 32 (3) of the same Act. In the event of violations, suspension of qualifications, cancellation of registration, sanctions against criminal punishment is imposed, and the above provisions on real estate brokerage commission constitutes so-called mandatory regulations that restrict judicial effects on the portion exceeding the prescribed limit among the brokerage commission agreement. Therefore, an agreement on real estate brokerage commission in excess of the limit prescribed by the relevant Acts and subordinate statutes is null and void within the extent exceeding the prescribed limit (see Supreme Court en banc Decision 2005Da32159, Dec. 20, 207). The original defendant agreed that the defendant shall pay 2% of the sales price of the six stores of this case as commission, but the plaintiff's fees to the defendant pursuant to the purport of the above Acts and subordinate statutes are valid within the extent of 0.9% of the sales price.

Accordingly, under the following facts, there is no dispute between the parties or recognized by the statement in Gap evidence No. 1 (including the provisional number), namely, the sale price for the six stores of this case is 3,88,107,316, the fees that the plaintiff may claim against the defendant are less than KRW 34,92,965.