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Reasons
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(영문) 제주지방법원 2017.08.25 2016가단9840
부당이득금반환청구
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1. Defendant B’s KRW 42,229,110 as well as the Plaintiff’s annual rate from August 3, 2016 to August 25, 2017.

Reasons

Basic Facts

A. On January 15, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to real estate (hereinafter “instant real estate”) including Jeju City, Jeju City, which is owned by the Plaintiff. Under the sales contract, Defendant A representing the E Licensed Real Estate Agent Office entered into the sales contract, and the main contents of the said sales contract are as follows.

Land: 7,930,931,920 won, buildings: 3,968,068,080 won, small areas: 11,900,000,000 won

2. The down payment shall be paid in January 15, 2014 in the first 350,000,000 won, and the second down payment shall be paid in the amount of KRW 350,000,000 until January 24, 2014.

Provided, That this contract shall be terminated at the time of the second down payment, and the reason for termination shall be made to B (C), and the first down payment shall be reverted to A (Plaintiff).

Any balance shall be paid at 11,200,000,000 won on July 15, 2014.

In addition, when the balance is paid, it shall be paid except for the rental deposit under Article 5 (4).

Provided, That if the title of this real estate has been completed early, the remaining payment date may be advanced by agreement between A and B.

B. On January 15, 2014, the Plaintiff entered into a real estate consulting service contract with F Co., Ltd. (hereinafter “F”) with Defendant A as the representative director, regarding the instant real estate (hereinafter “instant advisory contract”), and the main contents are as follows.

Article 2 (Contents of Service Request) A (Plaintiff) shall request B (F) to provide the following services:

1. Finding potential purchasers of the instant real estate;

2. Consultation and coordination with the potential purchaser of the instant real estate and the terms of sale;

3. Article 3 (Consultation Fee) of the conclusion of the instant real estate sales contract shall be paid to B a real estate advisory fee of KRW 300,000,000.

2. The time to pay advisory fees shall be 100,000,000 won immediately at the time of the first sales contract and shall be paid 200,000,000 won when any balance is received.

C. Defendant B is the Plaintiff on January 15, 2014.

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