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(영문) 서울고등법원 2015.11.06 2015나2018778

대여금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. G has operated a real estate brokerage office without qualification as a licensed real estate agent, and from around 2003, G has been performing the business of arranging or acting as an agent contracts with respect to the transaction of real estate owned or managed by H.

B. On July 13, 2004, H sold I and J (hereinafter “instant land”) 3.2 billion won to G and H (hereinafter “instant sales contract”) and eight (8) lots of land (hereinafter “instant land”) other than H and his/her own son’s own, for an arrangement by G, for KRW 320 million (hereinafter “instant sales contract”). On the same day, H received down payment from I, etc. (hereinafter “instant down payment”).

(A) The sales contract of this case is written by the seller as “H and one other,” and it appears to be due to the fact that the nominal owner of this case was the “H” and “C.” However, according to the following evidence, the sales contract of this case was concluded independently by H, and the same applies to various legal acts related to the land of this case thereafter. Thus, only H is the party concerned.

The instant land was located within the land transaction permission zone. However, when I et al. failed to obtain land transaction permission due to its circumstances, the seller agreed to waive the instant purchase and sale contract on behalf of H on February 18, 2005 due to the circumstances between G and the buyer (I et al.) and the seller’s consent to sell the instant land to a third party, instead of accepting the sale of the instant land from the third buyer, the seller received intermediate payments from the third buyer and simultaneously refund the instant down payment to the buyer.

H on April 20, 2005, sold the instant land in KRW 3.24 billion to M et al. (hereinafter “instant re-sale contract”); on the same day, M et al. received down payment of KRW 320 million from five other persons; and on May 20, 2005, the remainder of KRW 2.84 billion was paid up to May 20, 2005.

M et al. and five others are as of May 20, 2005.