부당이득금
1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate from September 21, 2018 to May 30, 2019, and the following.
1. Basic facts
A. The Plaintiff is a co-owner of the area of 5,493 square meters of land C in Gyeyang-gu, Yangyang-gu (hereinafter “instant forest”). The Defendant is a licensed real estate agent.
B. The Defendant sent the Plaintiff with the introduction of the Plaintiff’s wife D, and introduced Nonparty E to purchase the instant forest.
C. On February 12, 2018, the Plaintiff and the buyer purchased the instant forest at KRW 1.130 million in the purchase price, and the intermediate payment of KRW 200 million on the date of the contract; the intermediate payment of KRW 100 million on April 30, 2018; and the remainder of KRW 830 million on August 31, 2018 (hereinafter “instant sales contract”); and E paid KRW 200 million to the Plaintiff.
The sales contract of this case is accompanied by the following special agreements:
6. On the basis of the result of the subdivision survey, a seller removes all the facilities and trees in the land subject to the transaction, such as trees/military installations/agricultural facilities, etc., which exist in the land subject to the transaction, before the remainder date, and makes a flat work.
7.As the removal of trees/military installations requires permission from the government offices and military units concerned, adjustment of the balance may be made under the agreement of the Parties in accordance with the progress situation.
8. If permission for the removal of military installations is not permitted, this contract shall be terminated without compensation or penalty of the Parties for damage caused by invalidation of the cause;
(The seller shall refund the down payment and intermediate payment already received to the buyer within 20 days).
The Plaintiff paid KRW 50 million to the Defendant the commission for brokerage and the performance of the matters stipulated in the above special agreement.
F. The Plaintiff’s husband F and G indicated to the Defendant the phrase “whether it is possible to resolve the above special agreement or why it is necessary to do so,” and the Defendant is only a person to resolve the issue.
There is a problem that can be solved by using the law because it is not legally possible but legally.
The permission of military installations shall be granted.