부당이득금 및 중개수수료 반환
1. All appeals by the plaintiffs against defendant D and appeals by defendant C against the plaintiffs are dismissed.
2. The plaintiffs.
Basic Facts
The Plaintiffs requested Defendant C, a licensed real estate agent, to purchase the apartment of the Nowon-gu District Housing Association (hereinafter “instant apartment”) to be newly built in the Nowon-gu District Housing Association 186-1, Dongjak-gu, Seoul, to purchase the apartment of the Nowon-gu Housing Association (hereinafter “instant apartment”).
On September 4, 2009, the Plaintiffs in contact with the Defendants Nos. 1, 8, and 3-3, concluded a partnership supply contract (hereinafter “instant contract”) with the content that each household of an apartment with an area of 85 square meters or less in exclusive use among the apartment of this case is to be supplied with an aggregate of KRW 298,30,000,000 among the apartment of this case (hereinafter “instant apartment”).
Article 2 of the contract of this case No. 2 provides that "a person who has resided in Seoul Metropolitan Government for at least six months on the resident registration as of the date of application for authorization for establishment of a cooperative shall be limited to a person without a house (including a person who owns a house with a house with a size not exceeding 60 square meters) as of the date of application for authorization for establishment of a cooperative
The Plaintiffs concluded the instant contract and issued KRW 50 million each under the pretext of premium to F sent by the president of the said partnership in the presence of Defendant C, and paid the Defendants KRW 2 million each under the pretext of commission.
At the time of entering into the instant contract with Gap evidence No. 3, the plaintiffs did not meet the requirements for a homeless householder as of June 30, 2008, which was the date of application for authorization for establishment of the association, and were confirmed to have not been qualified as association members. In mid-2011, the plaintiffs were unable to purchase the apartment of this case due to lack of qualification as association members
After that, around October 5, 2011, the plaintiffs, "Defendant C," respectively, paid to the plaintiffs at the time of the contract of this case, respectively, the amount of KRW 50 million and brokerage commission.