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Reasons
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(영문) 수원지방법원 2015.01.27 2013가합18786
부당이득금반환
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1. The Defendant’s KRW 153,50,000 as well as 5% per annum from September 14, 2013 to January 27, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 2006, the Plaintiff, as a broker of the Defendant, intended to purchase the land of 30,329 square meters (hereinafter “instant land”) owned by Nonparty C, and remitted the down payment of KRW 50,000,000 to the account in the name of the Plaintiff, E, the Plaintiff’s son, from the purchase price, to the account in the name of Nonparty F used at the time, and remitted KRW 200,000 to the account in the name of Nonparty F used by the Defendant on March 20, 206. On April 14, 2006, the Plaintiff wired KRW 253,50,000 to the above F’s account under the name of G, the Plaintiff’s husband, who was the Plaintiff’s husband, transferred KRW 250,000,000,000,000 to

B. In addition, the Plaintiff, as a broker of the Defendant, intended to purchase the 330 square meters of the IP-type I land (hereinafter “I land”) owned by Nonparty H, and transferred the purchase price to the said F’s account on February 13, 2006, the deposit amount of KRW 57,400,000,000,000,000 to the said F’s account on March 10, 2006, and remitted the amount of KRW 32,40,000,000,000 to April 28, 2006.

C. On May 8, 2006, the Plaintiff and the Defendant completed the registration of ownership transfer under the name of Nonparty J, the father of the Defendant with respect to the instant land on May 19, 2006, and completed the registration of ownership transfer under the name of J on May 19, 2006, but on July 26, 2006, set the right to collateral security at KRW 1.2 billion with respect to the instant land and I land as a mortgagee E, and the Plaintiff paid KRW 10 million with brokerage fees to the Defendant on July 6, 2007.

On April 2010, the Plaintiff sold the instant land to Nonparty K, and completed the registration of ownership transfer in the name of K on April 22, 2010. On February 2010, the Plaintiff sold I land to Nonparty L and completed the registration of ownership transfer in the name of L on February 23, 2010.

[Basis] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 7, 8, Eul evidence Nos. 1 and 2, Eul evidence Nos. 3-1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is to the defendant.

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