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(영문) 수원지방법원여주지원 2013.12.05 2012가합371

부당이득금반환

Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from February 23, 2012 to December 5, 2013; and (b).

Reasons

1. Basic facts

A. On October 18, 2007, the Plaintiff: (a) as the introduction of the Defendant around October 18, 2007, the purchase price of KRW 1.85 billion is KRW 24,509,000,000,000,000,000,000,000,000 won; (b) the sales contract includes KRW 1.5

Around October 22, 2007, the Defendant paid a total of KRW 100 million around January 11, 2008, and KRW 50 million around January 11, 2008.

B. After purchasing the instant land, the Plaintiff was planning to re-sale it on a small scale, and the Defendant: (a) divided the instant land; (b) changed the purpose of use; and (c) introduced the Plaintiff to purchase the instant land; and (d) concluded a sales contract on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) paid KRW 100 million to the Defendant during the process of purchasing the instant land. The agreement between the Plaintiff and C that the Defendant, who is not qualified as a licensed real estate agent, agreed to receive the said money from the Plaintiff while mediating the instant sales contract between the Plaintiff and C is null and void in violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”), which are mandatory provisions, and thus, the Defendant is liable to pay KRW 100 million and delay damages paid to

(2) The Defendant, on behalf of the Plaintiff, concluded a sales contract with E, F, and G, and received the sales amount from them. Among them, the Defendant did not pay to the Plaintiff KRW 160 million out of the sales amount received from E, KRW 50 million of the intermediate payment received from F, and KRW 100 million of the intermediate payment received from G, and KRW 100 million of the intermediate payment received from G, and thus, the Defendant paid the Plaintiff the total amount of KRW 310 million and damages for delay.