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(영문) 창원지방법원 거창지원 2018.09.11 2017가단10379
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The defendant is a licensed real estate agent who operates a mutual brokerage office of "D Real Estate" in Gyeongnam-gun, Busan-gun, and E is a brokerage assistant belonging to the defendant's real estate.

Around May 2016, the Plaintiff’s Dong G was recommended by G to purchase the instant real estate from 335m2 and 17m2 (hereinafter “instant real estate”). After doing so, G and J agreed to purchase the instant real estate at the G’s office located in Busan-gun, Busan-gun (hereinafter “G office”). After doing so, G and J agreed to sell the instant real estate at KRW 2.58 billion and brokerage commission at KRW 80 million.

On June 12, 2016, the Defendant stated that “F, K’s agent J, G, or the draft of the sales contract was prepared at the seventh day for pleading of the instant case, and F was first considered on that day.”

At the G office on June 13, 2016, F, on behalf of the Plaintiff, drafted a sales contract with G, J, Defendant, and K to purchase the instant real estate in the amount of KRW 2.58 billion (hereinafter “instant sales contract”) and signed and sealed by the Defendant on the “certified real estate agent” column of the instant sales contract.

The Plaintiff transferred KRW 80 million to E on the same day.

E, around 09:38 on June 14, 2016, deposited KRW 10 million in a post office check, and deposited KRW 35 million on the same day and deposited KRW 30 million in a post office check.

K transferred 15 million won to the Defendant on June 15, 2016.

L deposited KRW 10 million in his bank account on June 16, 2016.

G's mother paid 9,524,000 won on June 21, 2016 and deposited 476,000 won on the bank account.

G W W W W W Written confirmation to the effect that on June 14, 2016, the Plaintiff received KRW 15 million equivalent to the civil petition treatment and case cost, and other high-ranking expenses, from J, and on June 14, 2016, the J received KRW 30 million from the Plaintiff as civil petition treatment and case cost, and other high-ranking expenses.

“.......”

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