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(영문) 서울중앙지방법원 2014.08.12 2013가단5106546
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 24, 2007, the Plaintiff joined the F Area Housing Association in the name of Plaintiff E, and respectively, in the H Area Housing Association in the name of Plaintiff E, with the introduction of the Defendant, who worked as the employee of the D Licensed Real Estate Agent Office in Yeongdeungpo-gu Seoul Metropolitan Government.

At the same time, each regional housing association was promoting the recruitment and establishment of all its members.

B. On July 24, 2007, the Plaintiff delivered 1.8 million won to the Defendant’s wife I, and on the 27th of the same month, 87 million won to the Defendant’s account, and the same year.

8.3. Each transfer of KRW 1.2 million to the Defendant’s account to the Defendant to pay KRW 90 million in total to the Defendant.

The above amount was 5 million won in the name of the premium in relation to the F Area Housing Association, 15 million won in the name of the down payment, and 20 million won in the name of the premium in relation to the H Area Housing Association, and 50 million won in the down payment.

On March 2, 2009, the Plaintiff transferred KRW 5 million to the J account, a company scheduled to implement H District Housing Association, as business promotion expenses of the Plaintiff.

C. In relation to the F Area Housing Association on August 3, 2007, the Plaintiff obtained a “certificate of status as a member of the association of a regional housing association” (title E) from J, and received from K, “(tentative name) an application for H Area Housing Association” (title G) with the amount applied as of July 25, 2007 as the amount applied as of July 25, 2007.

However, at present, the F Area Housing Association was suspended from its business, and KK, which was the scheduled company of the H Area Housing Association, was the company, and another executing company promoted another company on behalf of the partnership's business.

In the process of the above default, the plaintiff found K and received a deposit certificate on the down payment of KRW 50 million, but the down payment was not recognized from the executor who promoted later.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 6, evidence 7-1 through 4, evidence 8, Eul evidence 2-1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion is that the defendant violated Article 39 of the Housing Act, and the house is in accordance with Article 32 of the same Act.

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