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(영문) 부산지방법원 2016.04.26 2015가단227310

부당이득금

Text

1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from August 19, 2015 to April 26, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is the mother of this case where 'D' or 'D' in Kimhae-si C is the mother of this case.

The defendant is the owner, and the defendant is the licensed real estate agent who has mediated the trading of the above telecom.

B. On December 18, 2014, the Plaintiff concluded a sales contract with the buyer E to sell the instant Moel with the sales price of one billion won (hereinafter “instant sales contract”).

The contract deposit was concluded and the down payment was received KRW 100 million.

The defendant arranged the first contract of this case and received 10 million won as an intermediary fee from the plaintiff on the same day.

C. However, on February 4, 2015, the Plaintiff agreed to rescind the instant First Agreement with E, and the Plaintiff agreed to refund KRW 80 million after deducting commission and actual expenses from commission and KRW 20 million until February 12, 2015.

After that, on March 13, 2015, the Plaintiff’s sales contract with the buyer and the buyer and the buyer, with the following terms and conditions, to sell the instant cartel at KRW 1.02 billion.

(2) The Plaintiff concluded a contract deposit and received KRW 20 million. The Defendant: (a) introduced the instant franchise by means of substitute goods after mediating other real estate to F and one other; and (b) received KRW 10 million from the Plaintiff on the same day. However, on June 4, 2015, the Plaintiff concluded an agreement with F to rescind the instant secondary contract; (b) the Plaintiff agreed to refund the instant franchise amount of KRW 10 million, out of the urban sales contract deposit, and (c) the Plaintiff paid KRW 20 million to the buyer at the time of confirmation of the sale without payment to F). Thereafter, on May 7, 2015, the buyer and one other (F and one person) filed a lawsuit claiming the return of the instant franchise amount against the Defendant (Article 2015Ga53971).