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(영문) 서울중앙지방법원 2018.07.13 2017가단5135368
부당이득금
Text

1. For the plaintiffs:

A. Defendant D and Defendant E jointly share KRW 30,000,000 and those related thereto from December 8, 2016 to July 2018.

Reasons

1. Basic facts

A. On November 16, 2016, the Plaintiffs entered into a sales contract to purchase a building of 214.2 square meters and its ground (hereinafter “instant real estate”) in Gangnam-gu Seoul Metropolitan Government G Dae-gu (hereinafter “instant sales contract”) with F, and Defendant C, as a licensed real estate agent, has registered his/her business under the trade name “I Licensed Real Estate Agent’s Office” (hereinafter “I Real Estate”) on the first floor of the building located in Gangnam-gu, Seoul, as a licensed real estate agent, and Defendant D and E are registered as a brokerage assistant of the said brokerage office.

B. The sales contract prepared between the Plaintiff A and F when entering into the instant sales contract under the name of the Plaintiffs stated 0.9% of the transaction price. Each practicing licensed real estate agent’s column of the confirmation description of the object of brokerage attached to the said sales contract and the instant sales contract states that the name of the Defendant C may be a licensed real estate agent who arranged the instant sales contract, and the seal of Defendant C is affixed next thereto.

C. On December 8, 2016, Plaintiff A remitted KRW 30 million to Defendant E’s account, and KRW 75 million on January 17, 2017. around January 17, 2017, Plaintiff A drafted a real estate consulting contract with the content that Plaintiff A shall purchase the instant real estate to Defendant E with KRW 3.2 billion and entrust Plaintiff A with the purchase of the instant real estate and pay KRW 50 million to Defendant E with remuneration (hereinafter “instant service contract”).

Meanwhile, among the money received from Plaintiff A, Defendant E transferred KRW 5 million on December 8, 2016 to Defendant D’s account, and KRW 30 million on January 18, 2017 to Defendant C’s account.

After paying the instant real estate purchase price, the Plaintiffs completed the registration of ownership transfer under the names of the Plaintiffs on May 16, 2017 with respect to each of the instant real estate 1/2 shares.

[Ground of recognition] Defendant 1, 2: Gap evidence 1 to 6, 10, Eul evidence 10, 14, defendant 3: The fact that there is no dispute

2. The parties' assertion

A. Plaintiffs 1.

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