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(영문) 부산지방법원 2019.08.22 2018가단26044
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On October 19, 2018, the Plaintiff entered into a lease agreement with the owner G to lease KRW 70,000,000 (one year for lease) of the 10th E-building in Busan Metropolitan City, Busan, and the Plaintiff entered into a lease agreement with G to lease KRW 70,000 (one year for lease).

B. The above lease contract is between the parties involved in the other party, and the lessor's column of the above lease contract is stated as H.

C. On October 22, 2018, the Plaintiff remitted KRW 70,000,000 to the Busan Bank Account Deposit Holdings in the name of “I”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the Plaintiff’s claim and its judgment

A. The gist of the claim was the visit to the above F subparagraph after the above lease agreement had already been occupied by another person.

Since the above lease contract was concluded by Defendant C by deceiving the Plaintiff and the above deposit was paid accordingly, Defendant C is liable for tort, and Defendant D Association has the same obligation as written in the purport of each claim against the Plaintiff under the Licensed Real Estate Agent Act.

B. The evidence submitted by Defendant C alone is insufficient to deem that Defendant C had obtained money by deceiving the Plaintiff as alleged by the Plaintiff and acquired money, and there is no other clear evidence to acknowledge it otherwise.

Accordingly, we cannot accept the claim against the defendant D Association for liability under the Licensed Real Estate Agent Act.

3. The plaintiff's claim against the defendants is dismissed in entirety.

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