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(영문) 서울동부지방법원 2016.11.23 2015가합101588
부당이득금 반환 등 청구의 소
Text

1. Defendant B’s KRW 318,967,90 for the Plaintiff and the following: 5% per annum from March 3, 2015 to November 23, 2016.

Reasons

Defendant B, around the end of 2006, recommended the Plaintiff to purchase the DJ D large 246.5 square meters and its ground reinforced concrete building and its ground slive slive roof neighborhood living facilities and housing (hereinafter “D commercial housing”) owned by the Plaintiff, and the purchase price was KRW 1.5 billion and KRW 313 billion out of the purchase price was the condition for accepting the deposit for the lease of D commercial housing.

The Plaintiff’s deposit account in Defendant B, as of January 15, 2007, KRW 100 million, and the same year.

2. 6.55 billion won, and the total sum of KRW 1.2 billion on March 6, 2007, which was KRW 1.233 billion.

Of 1.23 billion won, 1.187 billion won (i.e., purchase price of KRW 1.5 billion - lease deposit of KRW 313 billion - lease deposit of KRW 300 million) was paid to seller E, and the remainder of KRW 46 million was the additional cost necessary for the purchase of D commercial housing.

Defendant B entered into a contract on behalf of the Plaintiff to purchase D commercial housing (hereinafter “instant contract”) on behalf of the Plaintiff.

The plaintiff completed the registration of transfer of ownership with respect to D commercial housing on March 6, 2007. The transaction value is stated as KRW 1.3 billion in the register of D commercial housing, and the transaction value of D commercial housing is also stated as KRW 1.3 billion in the certificate of report on real estate transaction contract prepared by the head of Gangdong-gu Office.

Of the additional cost of KRW 46 million paid by the Plaintiff to Defendant B, KRW 21,632,010 as registration tax paid in relation to D commercial housing, ② F Licensed Real Estate Agent Fee of KRW 8,400,000 as F Licensed Real Estate Agent Fee of KRW 8.4 million, ③ KRW 3 million as the revenue cost of G introducing D commercial housing, ④ KRW 34,032,010 as the fees of certified judicial scrivener.

On March 30, 2007, the Plaintiff transferred KRW 19,195,70 to the Defendant C’s deposit account as acquisition tax.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 22, 34, and 35 (including serial numbers; hereinafter the same shall apply), and the whole purport of the pleading is to determine the cause of claim against defendant B.

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