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(영문) 춘천지방법원원주지원 2020.01.15 2018가단305610
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On September 21, 2015, the Plaintiff introduced the number of buyers and paid KRW 80 million to E, F, G, H, etc., and paid KRW 80,00,00 to the Defendant Company O, who introduced the said number of buyers by means of remitting the land to N andO in the process of selling the land owned by C to E, F, G, H, etc., and the land owned by C, J, K, K, K, L, L, and M to N andO.

B. On November 3, 2015, the Plaintiff introduced a broker fee of KRW 30 million to R Co., Ltd., and paid KRW 30 million to P Co., Ltd., a broker fee to the Defendant, who introduced QP land owned by the Plaintiff to transfer KRW 30 million to the account in the name of the Defendant, in the course of selling the Plaintiff’s original land to X, the original land owned by the Plaintiff, and selling the Plaintiff’s original land to X, the original land owned by the Plaintiff.

C. P is null and void an agreement between the Plaintiff and a person who runs real estate brokerage business without registering the establishment of a brokerage office without qualification as a licensed real estate agent, and the agreement between the Plaintiff and P on the payment of brokerage fees is null and void. The Defendant, who is the student of P, obtained substantial benefits from using the said money transferred from the Plaintiff in purchasing AA and AB ground AC Apartment AD without any legal ground, and thus, the Defendant is obligated to return unjust enrichment of KRW 110 million to the Plaintiff.

2. Determination

A. On November 16, 2015, the registration of ownership transfer was completed with respect to the area of D forest No. 8794 square meters, which was owned by C on September 21, 2015, due to the purchase and sale on September 21, 2015, for E, E, E, G, H, and H. On the same day, the registration of ownership transfer was completed with respect to each item of land indicated in the “sale” column, including Q278 square meters, which was owned by C, 275 square meters prior to J, Y, 301 square meters, 201 square meters prior to J, 201, K sports site 205 square meters, L sports site 205 square meters, and M forest 4826 square meters on September 21, 2015.

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