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(영문) 서울중앙지방법원 2019.12.05 2018가단5066735
부당이득 및 손해배상청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The facts of recognition (1) around December 2014, 2014, Nonparty F won won the sales right of G Apartment H of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”) (hereinafter “instant sales right”) and concluded a sales contract with the IG and the instant apartment.

② Even if the upper price ceiling was applied to the apartment of this case and it was impossible to resell the sales right until December 23, 2017, F sold the sales right of this case to Defendant D around April 2015, and thereafter, the sales right of this case was sold to Defendant B via the Plaintiff, a licensed real estate agent. Defendant B paid KRW 120 million out of the sales price to Defendant D’s account, and transferred the remaining KRW 8,264 million to Nonparty C’s account in the name of Nonparty C, who operated real estate brokerage business with the Plaintiff and the Plaintiff.

③ Thereafter, Defendant B again sold the instant sales right at KRW 24,2640,000 to the Plaintiff, and the Plaintiff re- sold the sales right at KRW 25,2640,000 to Nonparty L (hereinafter “the Nonparty”) (hereinafter “the instant sales contract”) and the Nonparty transferred the sales contract amount of KRW 20,000,000 to the Mbank account in the name of Defendant B directed by the Plaintiff on the date of the instant contract. On May 7, 2015, Defendant B paid the entire sales amount of KRW 2,264,00,000 to the Plaintiff on May 7, 2015. Defendant B also received KRW 20,000,000 from the Plaintiff, including the Plaintiff’s receipt of the said KRW 20,000,000,000 from the Plaintiff.

④ However, as the resale of the instant apartment units was discovered in the process of investigating the criminal investigation conducted by the Seoul Regional Police Agency in September 2015 and the crackdown on illegal transaction of the right to sell the apartment units of this case, the IG cancelled F as of September 9, 2015 and refunded only KRW 196,65,005, which deducts penalty of KRW 55,00 from penalty of KRW 26,484,40,00,000 paid for the sale of the apartment units of this case.

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