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1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 15% per annum from November 9, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 30, 2012, the Plaintiff entered into a service contract with the Defendant that allows the Plaintiff to purchase the Seocho-gu Seoul Metropolitan Government and six parcels (hereinafter “instant real estate”) for KRW 5.352 million, and that the Defendant would pay KRW 280 million to the Defendant (hereinafter “instant service contract”).
B. On July 2, 2012, the Plaintiff and D concluded a sales contract to purchase the instant real estate in KRW 5.352 million from the New Real Estate Trust Co., Ltd. (hereinafter “instant sales contract”). On August 3, 2012, the Plaintiff succeeded to the entire rights and obligations of the instant sales contract as the sole purchaser, and completed the registration of ownership transfer on August 24, 2012.
C. On April 5, 2017, the Defendant was prosecuted for committing the crime that, without registering the establishment of a brokerage office of the competent authority, the Defendant was engaged in the instant sales contract by mediating the sales contract and transferring KRW 220 million from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, 10 evidence, Eul evidence 6 through 8, and 10 evidence, the purport of the whole pleadings
2. The parties' assertion
A. Since an agreement between the Plaintiff and the Plaintiff is null and void in violation of the mandatory provisions on the payment of fees concluded by the Defendant without registering the establishment of the instant brokerage office without the Plaintiff’s brokerage office’s establishment, the Defendant is obligated to return the commission fee of KRW 220 million received from the Plaintiff as unjust enrichment.
B. The defendant does not engage in a business as a broker for real estate transactions, but only one opportunity to act as a broker, and thus, it cannot be deemed as null and void an arrangement for payment of brokerage fees, and the plaintiff also knew that he is not a licensed real estate agent, and thereby, 2.3 billion won through the sales contract of this case.