부당이득금
Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
1. Facts of recognition;
A. On April 17, 2008, the Plaintiff entered into a contract with the Defendant without a qualification as a licensed real estate agent to purchase D land of Gwangju City at KRW 640,00,000 (hereinafter “the first sale contract of this case”) and entered into a contract with the Plaintiff on May 15, 2008 to purchase E, F, and G land of KRW 2,047,00,000 (hereinafter “the second sale contract of this case”).
(hereinafter referred to as “each of the instant lands,” which is referred to as “each of the instant lands,” and the aforementioned sales contract collectively referred to as “each of the instant sales contracts.” (b)
On May 15, 2008, the Plaintiff paid KRW 60,000,00 to the Defendant. On May 19, 2008, the Plaintiff returned KRW 30,000,000 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 8, Eul evidence 8, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the parties' arguments argues that the plaintiff is obliged to return KRW 30,000,000,000 paid by the plaintiff, since the plaintiff is invalid in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by the Licensed Real Estate Agents Act; hereinafter "Licensed Real Estate Agents Act"), although the defendant is not qualified as a licensed real estate agent, he/she is engaged in real estate brokerage as a business by operating the business entity of J, without the qualification of a licensed real estate agent.
In regard to this, the defendant argues that he did not engage in brokerage as a business, but merely introduced each of the sales contracts of this case. The defendant argues that he did not have a duty to return the money because he received the money from the plaintiff as the construction cost for banking construction of each of the lands of this case.
B. The brokerage business of one real estate, etc. may run only after the registration of establishment of the brokerage office is completed by either a licensed real estate agent or a juristic person, in violation of this provision.