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(영문) 서울중앙지방법원 2019.01.09 2017가합569574
부당이득금
Text

1. Defendant E and F Association jointly share 30,000,000 won and each of the said money to the Plaintiff (Counterclaim Defendant) and each of the said money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As the mother of Plaintiff B, the Plaintiffs purchased the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant housing”) and the real estate listed in paragraph (2) of the attached Table No. 2 on its ground (hereinafter “instant real estate”). The Defendant Lessee is a couple who sells the instant real estate to the Plaintiffs, and Defendant E is a licensed real estate agent who acts as a broker of G Licensed Real Estate Agent Office (hereinafter “instant office”), and Defendant E is a juristic person who has concluded a mutual aid contract under Article 30(3) of the Licensed Real Estate Agent Act with Defendant E and the Licensed Real Estate Agent Act.

B. On June 2017, Plaintiff A visited the instant office operated by Defendant E, and requested the introduction of real estate for profit by constructing a new building.

C. On July 17, 2017, Defendant E introduced the instant real estate to the Plaintiffs. On July 24, 2017, at the instant office, Defendant E displayed the floor plan of the building to be newly built on the instant site (hereinafter “instant drawing”) to the Plaintiffs, and explained about the area to be incorporated into the instant site at the time of new construction of the instant building on the instant site, and at the time, the instant drawing was indicated as “road retirement area: 15.68 square meters (4.73 square meters)”; Defendant E additionally written the said drawing as “4.7 square meters”.

Accordingly, while concluding a sales contract to purchase the instant real estate from the Defendant-Counterclaim on July 25, 2017 (hereinafter “instant sales contract”), KRW 20,000,000 out of the down payment of KRW 100,000,000, the Plaintiffs paid KRW 250,000 in the intermediate payment of KRW 250,00,000 on July 26, 2017 at the time of the said sales contract, and the intermediate payment of KRW 250,00,00 in the remainder payment of KRW 475,00,00 on August 30, 2017, and each of the said payments is paid on October 17, 2017.

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