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(영문) 서울중앙지방법원 2014.03.21 2012가합73252
부당이득금 및 중개수수료 반환
Text

1. Defendant C shall pay to each of the Plaintiffs KRW 52,00,000 and 20% per annum from September 8, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs, via agent E, requested the Defendants to purchase the apartment of the Nowon-gu District Housing Association in the Nowon-gu District Housing Association (hereinafter “the apartment of this case”) to be newly constructed in the Nowon-gu Seoul Metropolitan Government Nowon-gu District Housing Association (hereinafter “the apartment of this case”).

B. On September 4, 2009, the Plaintiffs, who were contacted with the said association’s withdrawal from the said association, entered into a contract for the supply of each apartment unit with an area of less than 85 square meters in exclusive use among apartment units (hereinafter “the apartment units of this case”) to be newly constructed on a day-to-day 186-1 unit of Nowon-gu, Seoul, Nowon-gu, a real estate agent, and Defendant C’s brokerage assistant (hereinafter “instant contract”), among the apartment units (hereinafter “the apartment units of this case”), which will be newly constructed on a day-to-day unit of Nowon-gu, Seoul, Nowon-gu, a real estate agent (hereinafter “instant contract”).

Article 2 of the contract of this case provides that "a person who has resided in Seoul Metropolitan Government for at least six months on the basis of the date of application for authorization for establishment of a cooperative shall be limited to a person who has no houses as of the date of application for association

C. The Plaintiffs concluded the instant contract and issued KRW 50 million each under the pretext of premium to F related persons of the partnership in the form of Defendant C, and paid the Defendants KRW 2 million each under the pretext of commission.

At the time of the conclusion of the instant contract, the Plaintiffs did not meet the requirements for “non-existent householder as of the date of application for authorization for the establishment of a cooperative.” The Plaintiffs confirmed that, as a result of the investigation conducted by the police officer of Seoul Special Metropolitan City on October 5, 201, it was impossible to purchase the instant apartment due to lack of qualification, and each Defendant C bears responsibility for and refund of each of the KRW 50 million and brokerage fees paid by the Plaintiffs to the Plaintiffs at the time of the instant contract (hereinafter “each of the instant documents”) around October 5, 2011.

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