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(영문) 대전지방법원 2019.08.29 2018가단201280
매매대금반환
Text

1. The defendant shall pay 18 million won to the plaintiff and 15% per annum from February 7, 2018 to the day of full payment.

Reasons

1. The fact that the Plaintiff is recognized is a licensed real estate agent operating the “C Real Estate Brokerage Office” in Sejong Special Self-Governing City, and D is a brokerage assistant for the Plaintiff, and the Defendant served as a brokerage assistant for the “E Real Estate Office” in the same region

The first sale right of Sejong Special Self-Governing City G block H (hereinafter “instant sale right”) was transferred several times, and I visited the above office of the defendant’s work to sell the instant sale right at KRW 90,000,000,000, which he received by the defendant, and finally, sold the instant sale right at KRW 88,000,000,000 after price adjustment with the defendant.

However, after receiving the request from I for sale of the instant sales right, the Defendant laid the premium of the instant sales right of KRW 18 million, not in KRW 88 million, into a nearby brokerage office, and contacted D, which is a broker assistant of the Plaintiff who had a pro rata relationship, as well.

D, in addition to the premium of KRW 5 million presented by the Defendant, the Plaintiff explained to the Plaintiff as KRW 13 million ( KRW 18 billion in KRW 5 million in total) in addition to the premium presented by the Defendant that the Plaintiff would want to purchase the instant sales right directly, and requested the Defendant to request that the Plaintiff use the premium of KRW 113 million in total.

Therefore, the Plaintiff knew that the premium of this case caused KRW 113 million to the sales right of this case by the Defendant around June 6, 2017, and paid KRW 113 billion to the premium of the sales right of this case through the Defendant, and received documents necessary for the transfer of the sales right, such as the sales contract.

At the above KRW 113 million paid by the Plaintiff, the Defendant paid KRW 88 million to the seller I on the part of the seller, and paid KRW 5 million to D. The Defendant received KRW 1 million from I.

After that, the Plaintiff became aware of the premium price at the time when the right to sell the instant case came to the original subject matter, and was returned KRW 7 million from D.

(e).

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