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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On behalf of the Plaintiff, C entered into a contract with D and two other parties on November 12, 2009 to sell nine real estate, including the Plaintiff’s 1,150,000,000 square meters, on behalf of the Plaintiff (hereinafter “instant contract”). The Defendant arranged the instant contract as a licensed real estate agent.
B. On June 24, 2014, the prosecutor of the branch office of the Changwon District Prosecutors' Office prosecuted the Defendant on the charge that "the Defendant was given money and valuables of KRW 10,350,000,000 in excess of KRW 10,350,000 due to the prescribed brokerage under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act". 2) on October 21, 2014, the branch office of the Changwon District Court rendered a judgment not guilty on the ground that "the Defendant was not proven to the extent that the Defendant actually issued a cashier's checks (the check number: F; hereinafter referred to as "the instant cashier's checks") to the Defendant under the pretext of the brokerage commission of the instant sales contract (the judgment of the Changwon District Court became final and conclusive on October 21, 2014; 200,000 won, which became final and conclusive on June 24, 2014)."
(hereinafter referred to as the “criminal judgment related to this case”). 【No dispute exists, entry of evidence No. 1, entry of evidence No. 2 and No. 4, and the purport of the whole pleadings.
2. After the conclusion of the instant sales contract, the Plaintiff’s agent C paid KRW 75,00,000 to the Defendant as a broker fee.
According to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the maximum limit of the brokerage commission of the instant sales contract is KRW 9,900,000, and the Defendant unjust enrichmented the Plaintiff without any legal cause.