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(영문) 울산지방법원 2018.05.09 2017가단63162
부당이득금
Text

1. The Defendant’s KRW 18,710,00 for the Plaintiff and KRW 5% per annum from August 24, 2017 to May 9, 2018.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

The Plaintiff is a corporation established on August 11, 2015 in order to engage in the real estate construction and sale business in Ulsan-gu, Ulsan-gu, 141-ro 17 (New-dong), and is a seller of three parcels of land, such as Ulsan-gu B, C, and D, as deemed below, and the seller of the building on the ground.

[A] 1 and 2] The defendant is engaged in real estate brokerage consulting business under the trade name of "F Licensed Real Estate Agent Office" in Ulsan-gu, Ulsan-gu.

[A] After purchasing a specific land and then constructing a new building on the above land, the Plaintiff was punished by a real estate sales promotion activity by publicly announcing events, stating that “The real estate sales amount of KRW 10 million shall be paid to the real estate brokerage office located in Ulsan-si, including the Defendant, with a brokerage commission of KRW 1 billion, and that “the amount of KRW 1 billion shall be paid at least two times the brokerage commission (Provided, That the down payment shall be 30% if the down payment is concluded)” shall be paid from that time to sell the above land and buildings in advance.

[Attachment B] 2 and 4. The Defendant continued to participate in and produce excellent results from the Plaintiff’s operation before July 2016, and received the award of “auditor” after being recognized by the Plaintiff on July 14, 2016.

[1] The Plaintiff entered into three sales contracts with the Defendant’s involvement as follows:

[A. 2, 4, 5] at the time ① Trading date of the ground building scheduled to be newly built with the land located in Ulsan-gu, Ulsan-gu (hereinafter referred to as “instant real estate”; and the part of the building refers to “the instant building 1; hereinafter the same shall apply): November 2, 2016: Buyer: 680 million won: G sale price (the contract deposit amount of KRW 20 million shall be KRW 80 million at the time of the contract, the intermediate payment of KRW 80 million on November 15, 2016, and the remainder of KRW 580 million on January 3, 2017) (the purchase and sale date of the building scheduled to be newly built with the land located in Ulsan-gu, Ulsan-gu and Seoul-gu B (hereinafter referred to as “instant real estate 2”): Buyer on January 23, 2017: Buyer on January 23, 2017:

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