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(영문) 서울동부지방법원 2019.01.11 2018가단120385
부당이득금반환 등 청구의 소
Text

1. Defendant B’s KRW 50,000,000 and annual 5% for the Plaintiff from January 19, 2018 to June 25, 2018.

Reasons

1. Basic facts

A. In order to sell the Songpa-gu Seoul Metropolitan Government D apartment E (110.25 square meters of the area of exclusive ownership; hereinafter “instant apartment”), Defendant B requested the Defendant C, who operates a brokerage office in a trade name, to sell the apartment in the same complex. Defendant C knew that the instant apartment was made from another real estate brokerage office in the same complex.

B. The Plaintiff was urged by Nonparty H, who operated the “G Licensed Real Estate Agent Office” in neighboring commercial buildings, to move to a larger apartment as a resident in the instant apartment complex. On January 18, 2018, the Plaintiff visited the instant apartment, along with H around 19:00 on the same day after the first verification, and then visited the instant apartment at around 19:00 on the same day, and expressed to H that he would purchase the instant apartment.

C. Around 19:20 on the same day H transferred the Plaintiff’s intent to purchase by posting a phone to Defendant C, and the Defendant C sent the Plaintiff’s account number to Defendant C, “where there exists any other person having the intention to purchase, it shall be deposited within 30 minutes,” and H sent the purchase price (1.75 billion won), the balance date (30 million won), and the Defendant B’s account number.

H immediately recommended, before Defendant C’s horses, that “the amount of KRW 50,000,000 per day to be deposited in Defendant B’s account” was immediately announced to the Plaintiff, and that the amount of the purchase price and the number of the Defendant B’s deposit account was known.

The plaintiff was asked H to the purport that "self-employed will immediately deposit the apartment at the same time as the sale of the above apartment in this case after selling the existing apartment," and that "five million won should be confirmed by the owner of the apartment in this case, and the owner may not immediately do so for a late time." Thus, the plaintiff deposited KRW 50 million with the owner, and the owner on the following day is specified.

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