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(영문) 서울중앙지방법원 2016.04.08 2015가단5099109
부당이득금
Text

1. The Defendant’s KRW 41,909,00 for the Plaintiff and the Plaintiff’s 20% per annum from April 29, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. The relationship 1 between the parties is a corporation with the main purpose of real estate sales agency, which is the real estate sales agent, and the Plaintiff jointly with the non-party SH Corporation (hereinafter “SH Corporation”).

(2) The building of Songpa-gu Seoul Metropolitan Government (Ground5 and ground10; hereinafter referred to as the “instant building”) for which registration of preservation of ownership has been completed after construction by SH Corporation

(2) On August 13, 2009, the Defendant entered into a sales contract with SH Corporation to set the sales price of KRW 389,846,00 for the first floor of the instant building as the sales price for the instant building (hereinafter “instant store”) at KRW 389,846,00, and on August 31, 2009, the instant store was registered for transfer of ownership on the grounds of sale on August 13, 2009.

B. (1) On March 15, 2010, SH Corporation concluded a sales contract with the New World Co., Ltd. for the entire stores on the first floor of the instant building including the instant store. The Plaintiff, a sales agent, paid 419,090,000 won to the Defendant as penalty, and agreed to cancel the instant sales contract between the Defendant and SH Corporation (hereinafter “instant agreement”).

(2) At the time of the agreement of this case, the Plaintiff and the Defendant, in relation to the payment of penalty, shall prepare a false service contract and pay the penalty in the manner that the Plaintiff pays the service cost to the Defendant, and accordingly, agreed to pay the amount equivalent to the value-added tax on the service cost to be additionally paid to the Defendant (hereinafter “instant agreement”).

In this case, the non-party B and C, other than the defendant, among the buyers of the stores of the first floor below the building of this case, shall be punished by the plaintiff.

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