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(영문) 서울중앙지방법원 2019.04.23 2017가단5004860

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were 1/2 equity owners of each of the 1/2 equity shares of the Seo-gu Incheon Western H Building I, J, K, L, M, and N (hereinafter collectively referred to as “instant real estate”).

B. Defendant D, as a practicing licensed real estate agent, employed Defendant C as a brokerage assistant while operating the O licensed real estate agent office (hereinafter “one office of this case”). Defendant F, as a practicing licensed real estate agent, employed Defendant E, a brokerage assistant, while operating the P Licensed Real Estate Agent Office (hereinafter “instant two offices”).

C. The Defendant G Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant D or F, a licensed real estate agent, to compensate for the damages within the scope of the amount of the mutual aid agreement, where a licensed real estate agent is liable for damage under the Licensed Real Estate Agents Act, due to intentional or negligent conduct of real estate brokerage, caused property damage to a transaction party.

On June 2, 2016, the Plaintiffs entered into a sales contract with Defendant C and Q for the purchase price of KRW 900 million (hereinafter “the first sales contract”) regarding the instant real estate, and concluded a sales contract with Q and Q for the purchase price of KRW 900 million (hereinafter “the second sales contract”) on June 10, 2016.

E. On October 10, 2016, the Plaintiffs entered into a sales contract with S for the purchase price of KRW 920 million with respect to the instant real estate (hereinafter “instant sales contract”). On November 14, 2016, the Plaintiffs completed each registration of the transfer of ownership with S for the reason of the said sale.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion is the husband of the Plaintiff A, and T, the father of the Plaintiff B, delegated the sale of the instant real estate and operated by Defendant D around May 27, 2016.

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