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(영문) 부산지방법원 2016.06.16 2015가합5609

부당이득금

Text

1. The Defendants jointly share KRW 200,000,000 with respect thereto to the Plaintiff and the period from August 4, 2015 to September 3, 2015.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The Plaintiff is the Seo-gu, Busan and the land and its ground telecom (hereinafter “instant telecom”).

The owner and seller of Samsung Housing Co., Ltd. (hereinafter “Tsung Housing”) are the owners and the seller of Samsung Housing.

(2) F and G are the tenants who concluded each lease contract with respect to the third party housing and the third party housing as seen below.

3) Defendant B is the representative of H Licensed Real Estate Agent Office, and Defendant C is the employee of the said brokerage office. The Defendants arranged each of the above sales contract and each of the lease contracts. B) On March 23, 2013, the Plaintiff purchased and operated the instant cartel on March 23, 2013, the Plaintiff requested Defendant C to mediate the sales of the said cartel to sell at least KRW 8.6 billion, while the monthly sales of the said cartel was at least KRW 4.6 billion.

Accordingly, the Defendants trusted the Plaintiff’s end, and solicited Samsung Housing to purchase the instant telecom at least KRW 80,000,000, while concluding that the monthly sales of the instant telecom. At the same time, Samsung Housing purchased and leased KRW 1 billion as the lease deposit and KRW 30,000,000,000,000,000,000.

As such, the Defendants recommended F to rent the above telecom amounting to KRW 1 billion in lease deposit and KRW 30 million in monthly rent, and F, which believed that monthly sales of the above telecom amounting to KRW 80 million, decided to rent the above telecom.

2) Following the aforementioned process, the instant sales contract between the Plaintiff and Samsung Housing was concluded successively between Samsung Housing and F with the following terms: (a) the instant sales contract was concluded between the Plaintiff and Samsung Housing; and (b) the instant sales contract was concluded between Samsung Housing and F: The Plaintiff sold the instant Moel to Samsung Housing for KRW 4.6 billion; and (c) the said Moel sold the instant Moel for KRW 1 billion and KRW 30 million,000,000,000,000 won.