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(영문) 수원지방법원평택지원 2020.10.27 2019가단7940
부당이득금반환
Text

The defendants are 6% per annum from August 12, 2020 to October 27, 2020, respectively, to the plaintiff 14,728,934 and the following.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff entered into a real estate exchange contract with D with the following terms and conditions (hereinafter “instant exchange contract”).

Plaintiff

The ownership land (including the land E, E, 664 square meters, F, F, 5,898 square meters, superficies, superficies, and 400 million won for G unions), and D-owned real estate (the ownership of each road, K, L's land and ground buildings, 50 square meters for 50 square meters for M in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and 500 square meters for 560 square meters for 500 square meters for P forest, 500 square meters for 500 square meters for P forest, 2050 square meters for 50 million won for Q forest, 2059 square meters for buildings S, buildings and superficies located in Gangnam-gu Seoul Metropolitan Government, 94 million won for collateral security, and the remainder of D-dong house transfer deposit shall be succeeded to the Plaintiff, and the exchange of D-owned real estate shall be 1.6 million won for the exchange of real estate on the date of exchange, 2.5 million won for 2 million won and 5 million won for the intermediate payment.

B. On May 17, 2016, the Plaintiff paid KRW 40 million to the network V (the deceased on October 7, 2017, hereinafter “the deceased”) that arranged the instant exchange contract.

C. The Defendants are the inheritors of the deceased, and their inheritance shares are 1/2, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff paid KRW 40 million to the Deceased as intermediary remuneration for the instant exchange contract. According to the real estate brokerage fee rate as determined by Gyeonggi-do at the time, the Plaintiff sought KRW 300,000,000,000, which is the difference in the instant exchange contract. As such, the Plaintiff’s assertion is that the maximum intermediary remuneration for KRW 100,000,000,00,000, which is the difference in the instant exchange contract, is KRW 39,700,000,000,000,000 won (= KRW 40,000,000, KRW 397,000 x 1/2) from the

3. Determination

(a) Article 32 of the Licensed Real Estate Agents Act and Article 20 of the Enforcement Rule of the same Act concerning the brokerage and remuneration of real estate.

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