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(영문) 수원지방법원 2020.02.05 2018가합1059
용역비
Text

1. The Defendant’s KRW 122,473,50 for the Plaintiff and KRW 5% per annum from April 27, 2018 to February 5, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the real estate consignment sales business.

B. The Plaintiff intended to carry out a real estate development project by purchasing Yeongdeungpo-gu E, F, and G land (hereinafter “instant land”) under the ownership of D and purchasing it.

On December 2, 2009, the Plaintiff was introduced by the J, which operated the I Licensed Real Estate Agent Office in Young-gu H without qualification as a licensed real estate agent, and requested the Defendant to persuade the Defendant so that the sales contract for the instant land can be well concluded.

C. On March 12, 2010, the Plaintiff concluded a sales contract with D to purchase the instant land in KRW 8.5 billion (hereinafter “instant sales contract”). D.

When the Plaintiff was unable to fully prepare the sales price agreed in the instant sales contract, it changed part of D and the instant land into the subject matter of sale, and paid to D totaling KRW 4.1 billion, and completed the registration of ownership transfer for the land purchased from D on August 6, 2010 and October 20, 201, respectively.

E. From March 12, 2010 to March 14, 2011, the Plaintiff paid a total of KRW 509,010,000 to J, and the J paid KRW 192,473,500, out of the amount paid by the Plaintiff from March 12, 201 to March 9, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 15 (including branch numbers), witness J's testimony, purport of whole pleadings

2. Determination on the cause of the claim

A. The parties’ assertion 1 Plaintiff’s agreement that a person without qualification as a licensed real estate agent acts as a real estate broker and is paid a brokerage fee is null and void.

The defendant, although he was not qualified as a licensed real estate agent, received a total of KRW 192,473,50 from the plaintiff as a brokerage commission, and this was paid to the defendant without any legal grounds. Thus, the defendant is unjust enrichment on the part of the plaintiff.

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