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(영문) 서울북부지방법원 2015.07.16 2013가단24983
부당이득금반환
Text

1. The Defendant’s KRW 30 million and the Plaintiff’s annual rate of 5% from October 15, 2013 to July 16, 2015.

Reasons

1. Basic facts

A. The Defendant, from around December 2003, engaged in real estate brokerage business under the trade name “D Licensed Real Estate Agent”, and recommended the Plaintiff, who was aware of around April 2005, to purchase the land for settlement measures (one namebbbbbbbbbbbbbbbbbbbbbbbbbb, hereinafter “sale right”) that the Korea Land and Housing Corporation provided compensation for expropriation to the original residents in the E Housing Site Development Zone, to purchase the land for settlement measures. The Defendant, upon purchasing the land for settlement measures (one name, brubbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb

B. Accordingly, the Plaintiff purchased the sales right that the Defendant brought to as the broker of the Defendant, and around May 17, 2005, received one sales right from the Defendant and paid 45 million won to the Defendant on August 25, 2005, and received one sales right from the Defendant on August 25, 2005, and paid 45 million won to the Defendant. On October 6, 2005, the Plaintiff received two sales rights from the Defendant and transferred 90 million won in total to the Defendant’s bank account, and around December 2005, paid 90 million won from the Defendant to the Defendant.

C. At the time, the seller of the above 6th sale rights is F, G, H, I, J, and K, and the Defendant was not paid a fee from the Plaintiff in relation to the purchase mediation of the sale rights.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The gist of the claim is that the plaintiff, from May 17, 2005 to December 2005, the defendant, while mediating the purchase of Chapter 6, 2,000 won for the plaintiff, the defendant, while paying to the plaintiff the purchase price of Chapter 6, 2,00,000 won for each part of Chapter 2,00,000 won for each part of Chapter 2,000 to 30,000,000 won for each part of Chapter 1, he received 45,00,000 won for each part of Chapter 4,5,000 won for each part of the sale right from the plaintiff as if he could not know about the actual price. However, the plaintiff received 30,000 won for the original seller F, and 22,00,000 won for H, 30,000 won for each part of the sale right, and 1,500,000 won or more for the original seller.

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