부당이득금반환
1. The Defendant: (a) KRW 39 million to the Plaintiff; and (b) 5% per annum from May 23, 2013 to April 30, 2014 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff delegated matters concerning the purchase and payment of land to the Defendant for the construction of solar power plants, and agreed that the land shall be calculated as KRW 50,000 per square meter and paid to the Defendant.
B. According to the above delegation contract, the Defendant introduced 8,319 square meters (hereinafter “instant land”) in the Jeonnam-gun, Hagu-gun, Hagu-gun, and the Plaintiff consented to the purchase of the said land and paid 35 million won as down payment to the Defendant.
C. Meanwhile, around May 2013, the Defendant concluded a sales contract with the owner of the instant land under his own name. Of the instant land, KRW 3,512 of the sales amount was to purchase KRW 50,000 per square year, KRW 480,00 per square year.
On May 23, 2013, the Defendant, unlike the prior agreement to the effect that the official compensation was added to KRW 1.5 million in addition to the above terms and conditions of the contract, was paid by the Plaintiff, and the Plaintiff, unlike the prior agreement to make a payment by calculating KRW 50,00,00,00 for the land purchase cost (i.e., KRW 332,880,000,000) (i.e., KRW 4807 x KRW 4512 x KRW 35,512 - KRW 50,000 - KRW 35,000,000 for the civil petition treatment cost, KRW 13,000,000 for the official compensation cost, KRW 351,380,000 for the Defendant’s failure to accept it, the Defendant signed on the document (Evidence No. 1) that accepted it.
(hereinafter referred to as “instant agreement”). (e)
On May 23, 2013, the Plaintiff remitted KRW 386,380,00,000, plus KRW 35 million, to the Defendant’s account.
F. Meanwhile, the Defendant, without qualification as a licensed real estate agent, concluded the above sales contract at the office of licensed real estate agents operated by the Defendant’s wife.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 2 (including branch numbers), the purport of the whole pleadings
2. Determination:
A. The ground of claim is one of the determination on the claim for return of unjust enrichment of KRW 35 million.