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(영문) 인천지방법원 2019.11.08 2018가단207044
부당이득금
Text

1. For the plaintiffs, who are indivisible creditors:

A. Defendant C in collaboration with F and its KRW 100,000,000, and its related thereto.

Reasons

1. Basic facts

A. Defendant D is a practicing licensed real estate agent who operates a brokerage office in the name of “H real estate brokerage office” in Yeongdeungpo-gu Seoul Metropolitan Government. Defendant C and F did not register as licensed real estate agent.

B. 1) F was requested by the Plaintiffs to purchase a beneficial commercial building upon entering into a contract for the transfer of real estate sales rights. Meanwhile, Defendant C is the I and J (hereinafter “I”)

(1) The sum “instant real estate” is collectively referred to as “instant real estate” in the Dong-gu Incheon Metropolitan City K No. 1 L and M (hereinafter referred to as “instant real estate”).

(2) Defendant C and F, along with Defendant D, agreed to arrange the resale of the instant real estate sales right. (2) On August 12, 2016, the Plaintiffs entered into a contract with I, etc., under which the right to sell the instant real estate was transferred to KRW 1.346 billion (hereinafter “instant transfer contract”).

3) On the same day, Defendant C, D, and F mediated the resale of the instant real estate to the Plaintiffs, and received KRW 100 million from the Plaintiffs. Defendant C, D, and F received KRW 100 million from the Plaintiffs, and issued to the Plaintiffs a receipt stating that “I will receive KRW 100 million at the consulting cost for the instant transfer contract.” Meanwhile, the Plaintiffs contributed their respective funds to purchase the instant real estate jointly.

C. 1) Defendant C, D, and F arranged the instant transfer contract to the Plaintiffs and received KRW 100 million from the Plaintiffs, Defendant C and F engaged in brokerage business without registering the establishment of the brokerage office. Defendant D was indicted for a violation of the Licensed Real Estate Agent Act of Incheon District Court 2018 Godan5605 (hereinafter “related criminal case”) on the grounds that it received money exceeding the statutory brokerage fees as a practicing licensed real estate agent (hereinafter “related criminal case”).

(b).

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