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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 16, 2010, C sold D forest land of KRW 13,223 square meters (hereinafter “instant real estate”) out of the fourth 4 parts of 7 forest land E in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”) to D as the Defendant’s intermediary for sale in KRW 350 million.
B. C transferred the money received from D as the purchase price of the instant real estate to an account in the name of F, which is the Plaintiff, and KRW 30 million among them was transferred from the account in the name of F to the Defendant’s account.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted that, on March 16, 2010, the Plaintiff sold the instant real estate as the Defendant’s brokerage, and paid KRW 30 million to the Defendant. According to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, which was in force at the time of the instant sales contract, the upper limit of the instant sales contract was KRW 31.5 million, which is 0.9% of the transaction amount, the Defendant shall return to the Plaintiff KRW 2,685,00,000, which exceeds the upper limit of the sales commission, out of KRW 30 million received from the Plaintiff, as unjust enrichment.
B. First of all, the plaintiff filed a claim of this case on the premise that the plaintiff paid 30 million won brokerage commission to the defendant. Thus, the plaintiff was examined as to whether the plaintiff suffered damage by paying 30 million won brokerage commission to the defendant. The following circumstances are revealed in addition to the above evidence and Gap evidence Nos. 6-1, 6-2, and 7, which are the whole purport of the pleadings. In other words, even if the real estate of this case is owned by a clan as alleged by the plaintiff, the owner of the real estate of this case is C, and the party to the sales contract of this case is also C, and ② The purchase price of the real estate of this case was remitted from D, the purchaser of this real estate, and C transferred the purchase price of the real estate of this case to F, which is the owner of the real estate of this case, to the account in the name of the plaintiff, and on March 3.