부당이득금 반환
1. The Defendants each of the KRW 18,000,000 to the Plaintiff and 5% per annum from July 30, 2012 to August 23, 2016.
1. Basic facts
A. On February 2012, the Plaintiff: (a) requested F, a real estate agent, to conduct real estate brokerage business under the trade name of “E Licensed Real Estate Agent”; (b) to sell and arrange G land for factory and its ground buildings (hereinafter “instant real estate”).
B. F requested the Defendant D to have the coloring business of the purchaser of the instant real estate, while checking the purchaser of the instant real estate.
C. Defendant D knew that Defendant B, who runs the real estate brokerage business in the name of “H real estate”, was in coloring the seller of the factory site and the building, and knew Defendant B of the fact that the instant real estate was generated as a kind of thing.
Defendant B knew that there was a person who intends to purchase a factory site and a building in the Dispute Resolution Co., Ltd., and gave F a introduction to the New World Real Estate Brokerage Co., Ltd.
E. On June 7, 2012, the Plaintiff entered into a sales contract with I as a broker of the New World Real Estate Brokerage Co., Ltd. with regard to the instant real estate by setting the sales amount of KRW 2.8 billion.
(f) F. F. The Plaintiff was jointly engaged in the business of the instant sales contract with the Defendants, and the Plaintiff demanded that the Plaintiff pay KRW 100 million as a brokerage commission. On July 30, 2012, the Plaintiff, upon F’s request, remitted the brokerage commission of KRW 30 million, value-added tax of KRW 30 million, value-added tax of KRW 33 million, and paid KRW 70 million to F.
G. F. On July 30, 2012, the amount of KRW 70 million received from the Plaintiff was divided into three equal parts and paid each one-third to the Defendants.
H. According to the Plaintiff’s complaint, F received commission for the instant sales contract in excess of the statutory limit prescribed by relevant statutes, such as the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. Defendant D is not a licensed real estate agent, and brokerage commission for the instant sales contract.