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(영문) 서울중앙지방법원 2014.07.08 2013가합550527
부당이득금
Text

1. The plaintiff's action against the defendant D, E, and F shall be dismissed.

2. The plaintiff's defendant B and C respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Gangnam-gu Seoul Metropolitan Government G Dae-gu and the building on its ground (hereinafter collectively referred to as the “instant real estate”), and the Defendant B Co., Ltd. (hereinafter referred to as the “Defendant B”) is a corporation established for the purpose of real estate brokerage business, and the Defendant C Co., Ltd. (hereinafter referred to as the “Defendant C”) is a corporation established for the purpose of providing services, such as real estate analysis, consulting, and management services.

Defendant D and F are licensed real estate agents belonging to Defendant C, and Defendant E is also an employee of Defendant C as a broker assistant belonging to Defendant B.

B. On May 7, 2012, the Plaintiff entered into a consulting service contract (hereinafter “instant service contract”) with the content that the Plaintiff was provided with consulting services to sell the instant real estate under the optimal condition, and that the Plaintiff would pay KRW 220,000,000 (including value-added tax) for the payment of the service cost (hereinafter “instant service contract”). On March 8, 2011, the date of entering into the contract was written on March 8, 201.

The main contents of the instant service contract are as shown in the attached Form.

C. 1) The Plaintiff entered into an exchange contract with Defendant D and E, each of the land of the Dong-gu Daejeon Special Metropolitan City, 671.7 square meters, JJ large 497.9 square meters and its ground buildings owned by H (hereinafter “ Daejeon Real Estate”).

(2) On May 30, 2012, the Plaintiff: (a) exchanged the instant real estate with H and received KRW 1.5 billion in exchange difference from H; and (b) concluded a real estate exchange sales contract (hereinafter “instant exchange contract”) between KRW 300 million and an intermediate payment of KRW 200 million on the date of the contract; and (c) the remainder of KRW 1 billion was paid as of July 10, 2012.

The representative K of Defendant B of the Real Estate Brokerage Agreement was present at the time of the conclusion of the above exchange contract and signed and sealed it in the broker column of the contract, and the Plaintiff on the same day is 110 million won with the brokerage commission to Defendant B.

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