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(영문) 수원지방법원 2019.12.11 2018나76330
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. The Plaintiff filed a claim for return of unjust enrichment with Defendant B paid KRW 150,000,000 as premium, and Defendant B did not have any right to marina business since it did not have a lease agreement with Defendant B, etc. on the instant store, and did not have any right to marina business. Thus, Defendant B did not have any legal ground for receiving KRW 150,000,000 from the Plaintiff as premium.

In addition, the Plaintiff paid KRW 17,710,00 to Defendant C under the pretext of brokerage commission. Defendant C is disqualified as a licensed real estate agent, and an agreement between the Plaintiff and the Defendant to pay money under the pretext of brokerage commission between the Plaintiff and the Defendant is invalid against the Licensed Real Estate Agent Act.

Therefore, the Defendants are obligated to return 167,710,000 won already paid by the Plaintiff (=150,000,000 won) as unjust enrichment (=17,710,000 won).

B. Although Defendant B did not have been granted the right to operate the set at the instant store due to deception or mistake, Defendant B was granted the right to operate the set at the instant store by Defendant B, etc., and caused mistake to the Plaintiff, and was paid KRW 150,000,710,000 for the premium of KRW 17,710,000 for the premium of this case by deception or mistake, and accordingly, Defendant B, pursuant to Article 109(1) or Article 110(1) of the Civil Act, revoked the agreement to pay the premium of this case and the brokerage fee of this case on the ground of deception or mistake of the Defendants, and sought the return of the premium of this case and the brokerage fee of this case that was paid by restitution to the original state.

C. Premiums paid by the Defendants on the ground of the tort caused by the aforementioned deception, as well as premiums paid.

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