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(영문) 수원지방법원안양지원 2016.12.07 2016가단7034
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was as follows: (a) the Defendant’s solicitation that the Plaintiff would purchase the right to sell the leased apartment C, 608, 1901, 613, and 1601 located in Sejong-si; and (b) the Plaintiff transferred KRW 2.5 million to the account in the name of D designated by the Defendant on March 24, 2015.

However, the defendant was not allowed to transfer the above apartment sale right to the plaintiff, and thus, the judgment is sought as stated in the purport of the claim.

2. The fact that there is no dispute over judgment, and according to the evidence evidence Nos. 1 and 2, the defendant recommended the plaintiff to purchase the sale right of the C Rental Apartment Co. 608 Ga 1901 (hereinafter “1901”) and 613 Ga 1601 (hereinafter “1601”) located in Sejong-si, and the plaintiff transferred 2.5 million won (=6 million won x 4 million won) to the account in the name of D (the defendant's omission) designated by the defendant on March 24, 2015.

However, according to the facts without dispute, Eul evidence Nos. 1 through 3, and the purport of the whole testimony and arguments by witnesses E, F, and G, the defendant is a brokerage assistant of an authorized brokerage office, the plaintiff is the defendant, and the total of 4.8 million won on March 16, 2015 in return for purchase of the sale right of 1901 and 1601;

3.24.25 million won;

3. The fact that the Defendant paid KRW 2,00,000,000,00,000,000 to H, excluding the brokerage commission of KRW 4.4 million, and paid KRW 4.4 million to F on March 2016 by the seller of the above sales right; the Defendant received the sales right of KRW 1901 and 1601 from G of the seller of the above sales right through F, and again transferred it to the Plaintiff; the Plaintiff sold the sales right of KRW 1901 to H; the Plaintiff sold the sales right of KRW 1601 to H; the seller who did not permit a change in the name of the sales right of KRW 1601; G returned the sales right of KRW 1901 to the final buyer; G returned the sales right of KRW 1601 to the final buyer; G and Defendant collected the sales right of KRW 1601 through E and Defendant; but, the Plaintiff received the sales right of KRW 1601 and returned the sale price to the Plaintiff.

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