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(영문) 서울고등법원 2015.06.26 2013나2032077
부당이득금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Around October 18, 2007, the Plaintiff, upon the Defendant’s introduction, purchased the purchase price of KRW 2450,509 square meters (hereinafter “instant land”) for KRW 1.850,000,000 (hereinafter “instant purchase contract”). In the process, the Plaintiff paid KRW 50,000,000 to the Defendant around October 22, 2007, and KRW 100,000,000 to the Defendant around January 11, 2008.

After purchasing the instant land, the Plaintiff was planning to re-sale the instant land in a small scale. The Defendant decided to conduct the business of dividing the instant land, altering the purpose of use, building roads, etc., and introduced the Plaintiff to purchase the instant land, and concluded a sales contract on a divided land on behalf of the Plaintiff on behalf of the Plaintiff.

[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the claim for refund of brokerage commission

A. The defendant is a representative of K who conducts affairs related to real estate development and consulting and who is reported as a broker assistant of LA certified brokerage office.

C requested I to sell the land of this case on September 2007, and I requested I to sell the land of this case, and I directly purchased the land of this case or asked the Defendant to identify the person to purchase the land of this case.

The Defendant introduced the Plaintiff as the buyer and concluded the instant sales contract between C and the Plaintiff.

The Plaintiff paid the Defendant KRW 50 million, which was around October 22, 2007, around the time when the instant sales contract was concluded, and KRW 50 million, which was the remainder payment date under the instant sales contract, around January 11, 2008, and KRW 100 million.

Even before the sales contract of this case, the defendant also mediated the purchase of real estate by J, and even after the sales contract of this case, the plaintiff wishes to purchase the land for the plaintiff in the process of selling the land again by dividing it.

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