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(영문) 서울중앙지방법원 2016.06.24 2015가단83215

부당이득금반환

Text

1. The Defendant’s KRW 34,00,000 as well as 5% per annum from June 16, 2015 to June 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. From around 2005 to 2006, the Plaintiff believed that a multi-household house, etc. in Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government (multi-household house, etc. to be removed) can be located in the apartment from the Urban Development Corporation in the future. The Plaintiff purchased a prospective multi-household house to be removed and reselled it to other persons.

B. The Defendant, who is not a licensed real estate agent, introduced multiple persons who will purchase the expected house to be removed to the Plaintiff, and received the introduction fee. During the process, the Defendant received the purchase price from some buyers and delivered it to the Plaintiff.

C. When selling the above-mentioned household houses to be removed, the Plaintiff entered into a special agreement with the buyer that “a house to be removed is subject to 33 square meters granted by the urban development project and, if any, shall be exchanged in cash.”

However, the apartment building construction plan was not implemented, but the buyer who claimed the cancellation or cancellation of the sales contract has returned the purchase price.

The Plaintiff filed a lawsuit against the Defendant seeking monetary payment as Seoul Central District Court 2009Gahap21022.

The cause of the claim was ① KRW 96 million (on the ground that the sales contract was rescinded with the purchaser, demanding the return of the introduction fee to the purchaser), ② KRW 25 million for damages (the Defendant’s assertion that he embezzled the money paid under the name of return to the purchaser), ③ KRW 40 million for the loan of May 22, 2006, ④ KRW 20 million for the loan of September 6, 2006.

Seoul High Court Decision 2009Na105811 Decided October 14, 2010, which ruled in its entirety against the Plaintiff, was rendered a judgment in favor of only KRW 8.5 million among the claims No. 1, 2010.

The above judgment became final and conclusive as it did not appeal both parties.

E. The Plaintiff filed a lawsuit against the Defendant’s father-D seeking monetary payment as Seoul Central District Court 2010 Ghana520161.