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(영문) 서울중앙지방법원 2018.07.05 2017가단5129813

부당이득금

Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for 34,150,000 won and the Defendants C from December 30, 2016 to May 30, 2018.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent operating real estate brokerage business under the trade name of “D real estate” in Kimpo-si, and Defendant B is a person who is not qualified as a licensed real estate agent due to the Plaintiff’s elementary school students, but has acted as a brokerage assistant for more than 10 years, and has been acting as a broker assistant to the Plaintiff.

B. The Defendants purchased approximately 3266 square meters (around 989 square meters; hereinafter “instant land”) prior to the period of Pakistan owned by E, and recommended the Plaintiff to purchase the land at least KRW 650,000 per square meter if the land category was changed to a site with the permission to divert farmland after obtaining the said permission.

Accordingly, on July 21, 2016, the Plaintiff entered into a contract to purchase the instant land from E at the G Licensed Real Estate Agent Office located in Yongsan-gu, Busan Metropolitan City to purchase KRW 6.5 million. On July 27, 2016, the Defendants demanded KRW 30 million as a brokerage commission and the Plaintiff first transferred KRW 20 million to the Defendant B’s account on July 27, 2016.

C. On September 21, 2016, the Plaintiff first transferred KRW 55 million to Defendant B’s account with the charge of diversion of farmland and design expenses, etc. on the part of 300 square meters out of the instant land. Defendant B transferred the said money on the same day to Defendant C.

Defendant C transferred KRW 3 million out of the above money to H with design cost on the same day, and KRW 2,532,970 out of the remaining money on December 14 of the same year paid to H as usage fee related to the permission for farmland diversion at the ancient area of the Korea Rural Community Corporation.

On December 29, 2016, the Plaintiff paid any balance under the above sales contract to E, and first registers the transfer of 1/2 shares to E in order to reduce or exempt capital gains tax, and the remainder of 1/2 shares was completed on February 25, 2017 in the name of the Plaintiff for the instant land on the same day as agreed upon by E.

The defendants are from the brokerage to the issue of permission for farmland conversion and loan.