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(영문) 광주고등법원 2014.08.13 2014나429
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 18 million won to the plaintiff and shall pay 10 million won to the plaintiff on March 2013.

Reasons

1. In the first instance court, the Plaintiff filed a claim for the return of unjust enrichment of KRW 118 million against the Defendant and the claim for damages based on a tort of KRW 100 million against the Defendant. The court of first instance accepted part of the claim for the return of unjust enrichment and dismissed the claim for damages.

Accordingly, the plaintiff and the defendant appealed only to the part against each party of the claim for restitution of unjust enrichment, which is limited to the above part of the claim for restitution of unjust enrichment.

2. Determination as to the cause of claim

A. The defendant does not have a licensed real estate agent but has registered the establishment of a brokerage office with the competent authority. The defendant shall arrange for the purchase and exchange of real estate to the plaintiff and shall pay 10 million won as to the following (1.3 million won on July 21, 2006, 400,000 won on September 2006, 300,000 won on September 20, 2006, and 40 million won as to paragraph (2) (2) (2) KRW 5 million on September 27, 2006, KRW 5 million on October 2, 2006, KRW 2.8 million on October 13, 2006, KRW 7 million on October 13, 2006, KRW 7 million on September 27, 2006, KRW 3.6 million on September 16, 200, KRW 206, KRW 3.7 million on September 27, 2006).

① On July 21, 2006, the purchase of land outside Gwangju Mine-gu C and seven parcels of land on September 27, 2006: (a) the land of the above paragraph (1) on September 26, 2006; (b) the exchange of the land of the above paragraph (1) on October 26, 2006, into the land site D, and its ground; (c) the purchase of the land of the foregoing paragraph (1) on November 16, 2006, without any dispute; (d) the purchase of the F ground and its site of the Gwangju Mine-gu on November 16, 2006, without any dispute; (e) the details written in Gap, 10, 13, 15 through 18 (including the number of branches

B. Determination 1) An agreement that a non-licensed real estate agent mediates a real estate contract as a real estate brokerage business without registering the establishment of a brokerage office and concluded with a party to a transaction is null and void in violation of the mandatory law (see, e.g., Supreme Court Decision 201Hun-Ga4, Dec. 2

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