logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.02.12 2014가단30062
양수금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,00,000 to the Plaintiff (Counterclaim Defendant) and against this, from June 12, 2014 to October 14, 2014.

Reasons

1. Basic facts

A. On October 28, 201, the Plaintiff purchased the land and its ground building and F land in Ulsan E, for which the registration of ownership transfer was completed under Defendant D’s name. However, the Plaintiff succeeded to the loan of KRW 1.84 billion with the said real estate as collateral and KRW 100 million with the deposit for the lease of the said real estate, and agreed to pay the remainder KRW 1.4 million with the Plaintiff, and paid the said contract deposit amount of KRW 40 million with the said C on the same day, and KRW 120 million with the remainder on November 2, 201.

(hereinafter “instant sales contract”). B.

At the time, the defendant was delegated by the plaintiff and the above C, and was paid KRW 22 million as real estate brokerage commission by the above C around that time.

C. Meanwhile, the Plaintiff asserted that the instant sales contract was rescinded, and sought the return of the amount paid to the Defendant, and filed a lawsuit for the refund of the purchase price, etc. with the Busan District Court 2012Gahap4219, and the conciliation was concluded on April 28, 2014 in the Busan High Court case No. 2013Na7677, which is the appellate court, that “C shall pay to the Plaintiff KRW 36 million, and the said amount C shall transfer to the Plaintiff the brokerage fee of KRW 22 million, and notify the Defendant of its transfer by May 20, 2014.”

Then, on June 12, 2014, the Plaintiff notified the Defendant of the transfer of the above unjust enrichment claim on behalf of the said C.

[Reasons for Recognition] : Facts without dispute, entry of Gap evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff is liable to pay the Plaintiff the amount of KRW 22 million and damages for delay, as the Defendant arranged the instant sales contract as a broker without qualification of a licensed real estate agent. As such, the commission that the Plaintiff received from the said C shall be refunded to unjust enrichment, and the Plaintiff received the above claim for return of unjust enrichment. Therefore, the Defendant is liable to pay the Plaintiff the amount of KRW 22 million and the damages for

arrow