부당이득금반환
1. The Defendants jointly pay to the Plaintiff KRW 21,331,350 and the interest rate thereon from January 30, 2016 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff entered into a sales agency contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the F of the E-owned commercial building (hereinafter “instant commercial building”) among the E-owned commercial buildings (hereinafter “instant sales agency contract”) with the content that, in the event that Defendant C purchases the sales of the instant commercial building, the sales price of KRW 23,701,50 equivalent to 5% of the sales price would be the sales price in advance (hereinafter “instant sales agency contract”).
B. In order to implement the instant sales agency contract, Defendant C left Defendant D, a licensed real estate agent, to find out the intent to purchase the instant commercial building.
C. Although part of the license area of the instant shopping mall is included in the exclusive area, Defendant D explained to G, the purchaser of the instant shopping mall, that the entire license area is not included in the exclusive area.
On September 26, 2014, the Plaintiff (H’s representative director at the time) concluded a sales contract with the intent to purchase and the commercial building of this case as KRW 474,00,00 for each of the following items: 10% at the time of the contract, November 26, 2014 (the first intermediate payment), January 10, 2015 (the second intermediate payment), and May 26, 2015 (hereinafter “instant sales contract”).
E. After receiving from G to the first intermediate payment of the instant sales contract, the Plaintiff paid KRW 23,701,500 to Defendant C of the instant sales contract.
F. Around September 2015, G demanded that the Plaintiff cancel the instant sales contract on the same grounds as the stated in the said sub-paragraph.
Accordingly, around September 14, 2015, the Plaintiff returned all KRW 142,209,000 to G, which was paid as down payment and the second intermediate payment.
G. The Defendants: (a) KRW 2,370,150 equivalent to 10% of the commission for the instant sales agency contract; (b) Defendant C and KRW 21,331,350 equivalent to 90% of the commission for the instant sales agency contract; and (c) Defendant C agreed that Defendant D have each of them.