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(영문) 광주지방법원순천지원 2015.11.12 2014가단8602

부당이득금반환

Text

1. The Plaintiff:

A. Defendant B’s KRW 10,082,00 per annum from May 21, 2014 to November 12, 2015; and

Reasons

1. Basic facts

A. The pertinent Plaintiff’s related Plaintiff is an office assistant for licensed real estate agents; Defendant B, C, and network D (hereinafter “the deceased”; Defendant B, C, and the deceased collectively referred to as “the Defendant”) are the buyers who purchased part of the shares of 16,886 square meters of I forest land at the 1000 square meters (hereinafter “the instant forest”) with H’s introduction.

B. H’s brokerage error 1) The Defendants: (a) around 2006, filed a preliminary return on forest land with H’s guide in order to verify goods purchased; and (b) at the time, H is deemed to be the Jin-siJ (hereinafter “J forest”).

As a result, the Defendants and the other co-owners (hereinafter “other co-owners”) are limited to K, L, M, N,O, P.

(2) At the time of May 26, 2006, Defendant B entered into a sales contract on the instant forest with the erroneous knowledge of J forest as the instant forest. (2) At the time of the instant forest, Defendant C purchased KRW 110,000,000 per square meter, and the Deceased purchased KRW 262,00,000 per square meter, respectively.

3) The instant forest land was divided into Q or R, respectively, and Defendant B owned the shares of 3306/5825, the shares of 3,306/5, and the shares of 496/306, and the network D were owned by 2149/306, among the 5,825 square meters of R forest land, and 3,306 square meters of S forest land. C. After the division survey, it was revealed that there was an error between H and J forest in the process of the division survey, H had to sell the instant forest to the Defendants, etc. by January 26, 2006, to compensate for the difference between the purchase price and J forest (No. 3, 206; hereinafter “previous agreement”) and to set the maximum amount of debt with respect to the Defendants and M&T land and building (hereinafter “previous collateral”) at the time of the net agreement (hereinafter “previous maximum amount of debt”).

2 On April 21, 2008, H, the Defendants, M, K, and L agree to terminate the contract to establish a mortgage on the previous collateral, and on the same day, the establishment of a mortgage on the previous collateral is registered.