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1. The Defendant’s KRW 3,469,600 as well as 5% per annum from May 10, 2014 to April 1, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 24, 2011, the Plaintiff completed the registration of ownership transfer for one-half portion of the buildings listed in the separate sheet.
B. C agreed to open and jointly operate a real estate brokerage office under the name of the defendant with a licensed real estate agent qualification. The plaintiff, as a member of C, agreed to provide the first floor of the above building with a real estate agent qualification without compensation at the real estate brokerage office.
C. On December 1, 2011, the Plaintiff entered into a lease agreement with the Defendant from December 8, 2011 to December 8, 2013, with respect to the first floor of the building, from the type deposit amounting to KRW 30 million, monthly renting KRW 200,000, and the lease agreement from December 8, 201 to December 2013.
Around March 2012, the Defendant and C used only the portion (A) size of the attached Form No. 1,2,3,4, and 1 among the 1st floor as a brokerage office (hereinafter “the instant store”) connected with each point of the attached Form No. 1,2,3,4, and 1 as a part of the attached Form No. 45.62 square meters (hereinafter “the instant store”).
E. On December 15, 201, the Defendant reported the employment of C as a broker assistant of D’s “D” to the Jinhae-gu Office on the joint operation of the brokerage office as above with C. On August 22, 2012, the Defendant dismissed C from the brokerage assistant and reported it to the Jinhae-gu Office.
F. From then to August 31, 2013, the Defendant independently operated a brokerage office “D” and thereafter failed to operate a licensed real estate agent’s office without installing corrective devices in the instant store.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, fact-finding results to the head of the Jinhae Gu of this Court, the purport of the whole pleadings
2. Return of unjust enrichment:
A. According to the above facts of recognition, the plaintiff agreed to use the store of this case free of charge to C and the defendant on the condition that the partnership business with the attached C is maintained.
However, the defendant dismissed C on August 22, 2012 from a brokerage assistant, and the business relationship between the defendant and C is the same.