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(영문) 서울동부지방법원 2018.05.31 2016가단146475
부당이득금
Text

1. The Plaintiff’s claim against Defendant B and the primary claim against Defendant C and the primary claim against Defendant C.

Reasons

1. Basic facts

A. On August 25, 2015, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant C with Defendant C on August 25, 2015, the terms of the lease agreement with Defendant C, stating that “The first floor F of the commercial building in the Hanam-si block complex (hereinafter “instant real estate”) in which the buyer could be sold at the time between the Defendant C, shall be paid at the time of the contract the deposit amount of KRW 50 million, monthly rent of KRW 350,000,000,000,000 from June 30, 2016 to June 30, 2018, and the remainder amount of KRW 40,000,000 shall be paid at the time of the contract, and on June 30, 2016, the remainder and the remainder date of occupancy shall be the date of designating the occupancy of the construction company (hereinafter “instant lease agreement”). On the same day, Defendant C paid the down payment and the intermediate payment of KRW 1 million.

B. While mediating the instant lease agreement, Defendant B demanded that the Plaintiff pay KRW 5 million under the name of brokerage commission, and KRW 20 million under the name of floor premium, and the Plaintiff paid KRW 25 million to Defendant B.

C. On April 2016, the Plaintiff requested Defendant B to find a new lessee to terminate the instant lease agreement, but failed to seek a new lessee by June 30, 2016.

On the other hand, on April 15, 2016, Defendant C sold the right to sell the instant real estate to Defendant D, and thereafter the registration of ownership preservation was completed on July 20, 2016, and the registration of ownership transfer was completed in Defendant D’s name on July 29, 2016.

E. On July 29, 2016, Defendant D entered into a commercial monthly rent contract with KRW 3 million, monthly rent of KRW 2.5 million with respect to the instant real estate between G on July 29, 2016. G upon delivery of the instant real estate on July 31, 2016, and thereafter on August 1, 2016, Defendant D applied for the registration of establishment of “H Licensed Real Estate Agent Office” and the same month.

4. On May 2017, the real estate broker’s office was closed at the end of the year after being registered.

[Ground of recognition] A. A. 1, 2, Eul's each entry in the evidence No. 2, and the subordinate market.

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